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Full text of "The case of the allegiance due to sovereign powers, stated and resolved, according to scripture and reason, and the principles of the Church of England. With a more particular respect to the oath, lately enjoyned, of allegiance to Their present Majesties, K. William and Q. Mary"

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The  Case  of  the  Allegiance 
due  to  Sovereign  Powers.,* 

By 
William  Sherlock 


■j 


1 


THE 


CASE 


ALLEGIANCE 

Stated    and    Resolved, 

According  to 

SCRIPTURE  and  REASON, 

AND     THE 

Principles  of  the  Church  of  England. 

A  more  particular  Refpe(!^to  the  OATH,  lately  en- 
joyned,  of  Allegiance  to  their  prefent  MAJESTIES, 

K,  WILLIAM ^^d  Q.MAIIY- 

By  /^/  L  L^ljiCH  fHFRL~^^^^ 

Malter  of  the  Temple. 


The  Second  Edition, 


E  VI  ^  B  \3  /BLG  H^ 


Re.  printed  for  'Mrew  Ihalt^ers  ai^d  ^ohn  Valldnzs . 
and  are  tabe  Sold  a:  their  Shops,  ^nno  Dom,    1691'/ 


THE 


PREFACE 


TO 
3  IS 


NkJ  not  dcqudtnt  the  World  nhh  the  Ocudon  ef  (Mtjl-.tng  (*» 
Vook  ;  vhkhtndeed  is  txioriedjrom  me  by  iherude  CUmonrs 
md  u«chri[iian  Cenfutts  oj  jcme,  ond  iheearmf  Jn-portunmes 

M>  taking  the  Oathof  MUgianctto  King  William  ani 
Quetn  Mary,  «/.er/o  long  a  Ktfujal  has  rccafiontd  a  great 
dealoftalk,  and  a  great  many  uncharitable  gu.tijes  about  it j 
Fcaion  andblindZealni'wayes  wanting  eiihtr the  Wit,  orthe 

T^^^^f  i^xsi^ -^^UiiLJ    good  U  ill,  togitefs  J^ig^^-  l  jr  r-    J 

One  wouia  have  ihoHgf^t  it  the  mo(l  probable  ConjeBi  re,   That  a  Man,  who  hadjor^ttta 
fill  his  preferment  by  refufingtheOaih,  and  had  for  ever  lo  (I  them,  had  not  the  Govern- 
ment been  more  mild  and  gentle  in  delaying  the  Execution  oj the  Law,  aBedvery  honeji^y 
tindfincerelyinit;  andtffo,  Jhatthere^  alfo  good  Keafcmo  believe,  that  tf  ihe  Jame 
Verfen  afterwards  takes  the  Oath,  he  aHshonefily  intha^oo  :  For  what  Reajon  ts  there 
to  fufpea,  that  he,  who  would  not  [wear  againH  the  prtfent  perfwafion  ofht^  Conjcience  to 
leep  his  Vreferments,  {^^ould  fwear  agamfi  his  Confcjence  to  get  them  again\   I  do  not  knctv 
that  I  have  given  any  jt'pOccaficn  to  the  World  iomark  me  cidfora  Dijhonep  Man,  era 
Tool',  Jmaybemifiaken,  and  fo  may  any  Tody  eife,  though  never  fo  wife  and  hcmjf: 
But  this  I  am  fure  of,  that  1  never  aRed  with  morefincerity  in  any  affair  of  my  whcle  UfCi 
thi*t  ihave  done m  this  Matter,  fromtke beginning  to  the  end -,   and  whether  I  have  jufft' 
sietftReafottforwhat  1  do,   Irejer  tothetrialof  thiiDifcourfe. 

The  truth  is,  though  I  refufed  to  take  the  Oaths,  I  never  engaged  in  any  FaBiBn  againjt 
h:  InevermadeitmyBufinefstodiffwadeMenJromit:  "^  hen  my  Opinion  was  asked, 
J  declared  my  own  Thoughts,  but  J  never  fought  tut  Men  to  wake  Trofelytes. 

\(lhile  T  thoughtit  an  ill  thing,  1  wasfecretly  concerned,  that  feme  of  my  old  intimate 
Triends  had  taken  the  Oaths-,  but  yet  as  Opportunity  ferved,  J  converfed  with  thofe  of 
them,  ychofe  2ealhadnot  made  their  Conver(ationuneafie,  with  the  fame  Friend/hip  and 
freedom,  that  1  ufed  to  do:  1  believed  them  to  be  honefl  Men,  and  that  they  a  Bed  honeflly, 
according  to  the  perfwafion  of  their  own  Minds  and  vijhed  that  I  could  have  done  as  they 
did.  J  complied  with  the  Govtrnment,  as  far  as  J  thought  J  could  withajaje  Confcience  ;■ 
I  nlw^y^i  livid  iuiah  ttndptAiuhly^  and  was  ready  tQ  bavegivtn  Stmity  to  dofo,  J  fray. 


^sG438 


The  PREFACE. 

*tifof  King  William  And  QMeeftMafy  hy  Name,  according  to  the  .^poflles  direBion,  tnpnj 
for  all  that  are  in  Authority,  Tphichtheyviftbly  were  ;  though  I  h:ew  at  the  fame  time, 
this  highly  0 fended  fome,  who  refufed  the  Oaths,  and  made  me  fland,  in  a  manner,    ftngly 

by  my  felf. 

lalwayeioppofed  a  Separation,  andadvifednotafeiP,  who  thought  fit  tc  con fult  with 
me,  to  keep  to  the  Communion  of  the  Church  5  and  not  to  tmertain  [Prejudices  again(l  their 
Minifler  for  taking  the  Oath:  FofirvM  len(ible  of  the  Evil  and  Mifchief  of  Schifm 
which  fome  hot  Men  were  thenfortvard  to  promote  ,  and  are  fo  (idl  5  witnejsalate  Mmphlet 
in  ^nfwer  to  The  Reafoning  part  of  the  On.caf  inaolcnefs  of  the  New  Separation,  which 
juflifies  a  Schifm  now,  uponfuth  ?rinciples,  a6  wottid  have  made  all  the  Jews  Schifmaticks, 
Tvhen  the  High  ?rie(}hood  became  Annual  {though  our  Saviour  bimfelf  then  Communi' 
catedwith  the  Jewifh  Church  )  and  makes  the  whole  Gxctk  Church  Schifmaticks,  as  often  at 
the  Grand  Segnior  changes  their  patriarch, 

for  I  did  not  refufe  the  Oaths  out  of  any  fondftefs  Jor  the  Government  of  King]im€S, 
tfor^ealJorkM  Return  i  which,  the  prejent  profp^d  of  affairs  gives  no  Man,  Who  loves  the 
Church  of  England,  and  the  Liberties  of  hps  Country,  any  reafon  to  wijh:  Noryet  out 
of  any  ^verfton  to  the  Government  of  King  William  and  Qneen  Mary.  But  againfi  my 
cwn  inclinations  and  Interefl  out  of  pure  Vrinciples  of  Conjcience,  to  comply  -with  the 
obligations  of  my  former  Oathsy  and  that  Duty  which  SubjeBs  owe  their  Prince,  which  I 
ihen  apprehended  irreconcilectble  with  the  new  Oath, 

rhpswasa  dtfpofition  of  Mind  prepared  to  receive  fatisfaBion,  when  ever  it  was  offered ^ 
dnd  to  comply  chearfully  with  theprefent  Government,  when  etrer  J  could  do  it  withafafe 
Conjcience.  J  prayed  heartily  to  God,  thatiflwerein  amifiake,  he  would  let  me  fee  it  i 
that  1  might  not  forfeit  the  Exertife  of  my  Miniflry,  for  a  meer  mifiake :  and  I  thank  Go^, 
J  havereceivedthat  fatisfaBionwhich  I  defired  ',  and  if  any  Man  €  an /hew  me,  that  the 
Vrinciples  laBonartfalfe,  uncertain,  or  precarious,  and fuch  as  cannot  reafonaHy  fatif* 
fennhonefi  and  unbyaffed  Mind,  Iwillconfefs,  that  my  deftre  offatufaBionhas  fectetly 
and  infenfiblydi(ioried  my  Judgement,  though  I  took  allpoftble  care  that  it/kouldnot, 

I  find,  the  general  Cry  and  ExpeBation  is,  that  ijhould give  my  reafons ;  though  why 
j/hould  be  more  obliged  to  give  my  Keafons  for  Swearing,  than  I  was  for  not  Swearing,  JT 
cannot  tell. 

Some  feem  very  fond  of  this,  upona  prefumptionthat  I  can  fay  nothing,  hut  what  they 
can  eafily  ^nfwer ;  andthatwillferveto  expofeMe,  and  the  Caufe  together:  I  have  for 
snce gratified  thofe  Men,  that  they  may  have  the Bpportunity  to  fhe^v  their  skill. 

Others,  whi  are  very  well  f^tisfied  them  felves,  have  yet  a  Curio  fity  to  know  what  fatis- 
fed  me,  who  have  beenfo  long  dijfatisfied.  But  this  was  nojufl  Occafion  to  write  Keafons; 
for  if  Keafons  were  never  fo  plentiful  with  me»  lean  hardly  think  it  worth  the  while  t$ 
write  a  Book  to  gratifie  a  meer  Curioftty, 

There  are  others,  who  are  (iill  diffatisfled  about  the  Oaths,  and  are  deftrous  to  try 

"Whether  they  can  find  that  fat  is faBion,  which  i  have  done.  This,  I  confefs,  ts  agood 

Reafon,  which  may  i>i  Charity  obligeme-,  and  how  haytrdoui  an  attempt  foeveritbe-y 

my  dutytoGod.  and  to  his  Church,  and  to  the  Government,  as  well  as    Charity  to  my 

brethren,   feemto  require  it,  when  it  isdefired,  and  exaBed  from  me:  and  Ihope^  futh 

Hen  will  confidertoo,  what  is  their  Vuty,  as  they  will  anfwer  it  to  God,  and  to  their  own 

Con/ciences,  to  read  whatl  have  written  for  their  fakes,  carefully,  and  with  an  honefl 

Mttdi  and  to  judge  impartially ;  and  whatever  the  EffeB  be,  to  take  it  kindly. 

But  there  is  another  Motive  has  prevailed  withme,  more  than  all  the  refi :  We  live  in  M 
•^It  ofgrw  profhannejs  and  infddity,  which  ti  mdy  tg  takt  all  Qccafion  to  reproach  Re- 

ligi9n 


The    PREFACE. 

tjgioH ,  and  expofe  it,  <«  a  Cheat  and  JmpoPiere,  and  to  negUB  nd  OppoYtuntty  ft 
hUcken  the  Cleygy,  as  menof  no  Faith  nor  HeLgton  them/elves,  though  they  ntetkea 
great  rtoifc  about  .t  to  ferve  their  own  Interefi;  ^nd  the  general  contpUavce  of  the  Clergy 
in  taking  this  Ketv  Oath,  hath  been  improved  by  mnt  ojthi  .spirit  to  very  till  pu)po)e :  ^^nd 
not  only  fo,  butjowe  very  Devout  Chriflians  have  been  greatly  jenndcti.-ied  arid  ojjefided 
4tit:  ^nd  others,  who  Jhould  have  undcrflood  better,  and  checked  t^^  ill  Temper,  u^hicb 
fs  ojfuch  dangeroM  Confequence  to  Keligion  in  general  have  given  too  much  countenance  t9 
it.  and  have  feemed  too  mach  plea  fed,  to  fee  and  hear  all  the  Clergy  that  have  takenthis 
Oath,  expofedtocontitnpt  j  diif,  n  hen  the  great  Body  of  the  Cierpy  is  ri  icuUd -xnd 
txpojed,  the  Credit  of  Religion  could  bejupyorted  only  by  fome  ferv  men,  who  refufi 
the  Oath,  Many  of  thent  indeed,  to  my  knowledge,  are  very  ^reat  and  excellent  Per] "tjs, 
'whom  1  do  from  my  heart  Honour  and  Kevcretice,  and  whom  ih^pe,  and  heartily  pray, 
God  will  refiore  again  to  the  Miniflryof  hi^  Church:  Vtt  Xjhould  beveyyforry  (and  jo  I 
amfure.,  wouldthey)  that  the  Chnrch  and  Religion  Jkonld  be  reduced  jo  lony,  as  to  bs  con- 
fined  to  their  natrbiTS-.  and  h^ve  no  firmer  bottom  to  reft  on  than  their  iiepiiuaiion,  which 
though  it  be  defervedly  ^reat,  cannot  bear  the  -whUe  weight  of  the  Chur-  h  and  ileligion. 

Jt  is  time  to  ^ive  cheek  to  fuch  U';chri(ha}i.Ce):fnres,  if  we  have  any  regard  tn  our  Corn- 
won  Chriflianity:  ^ndfince  fome  little  "Writers  among  them  (  who  are  too  head- ftrcngta 
he  governed  by  wifer  men  )  engrojs  the  Church  and  KeUgicn  to  thentj'elves ;  and  reprejent 
nil  who  have  taken  the  Oaths,  efpecially  the  Clergy  ,  as  ^^pflcates*  at  leafl  from  the 
Church  c|/£ng!and'.  ijnot from  the Chriifi an  Faith;  it  is  necefary  to  convince  all  jober 
Chriflians,  that  men  wayjnear  Mlegiance  to  King  Wiljiam  and' Kli<een  Mary  without 
Verjury,  and  without  renouncing  any  principles  of  the  Church  of  England;  nay,  that  th^ 
DoB'ine  of  the  Church  of  £nglr.nd  reqnires  its  to  do  fo  :  And  I  hope,  if  this  uppecr,  their 
Zeal  for  the  Church  0/ England,  if  no  other  Confideration  can  prevail  with  them,  will 
tblige  them  alfs  to  do  it. 

Butitfeems  it  will  not  ferve  ntytufn  to  offer  fuch  P.eafons,  as  will  juflife  ny  com. 
fliance  now,  unlefsl  cangive  ageod  ^eafon,  whyldidnnttake  theOaths  bjore -,  that  if 
Jmufigive  fuch  lleafons,  as  will  equally  prove,  that  no  man  ought  to  have  taken  the 
t>aths  before,  and  that  they  ought  to  tjike  them  now. 

Theft  are  very  hard  Tash  Mapers ,  and  no  doubt,  have  very  kind  Vefgns  in  it,  to  drAW 
me  in  to  provoke  the  Government  by  a  needlefs  juflification  of  my  fflfto  v  hai  i?pzft ;  v  hich 
€Att  ferve  no  other  end,  but  a  little  Vain  glory,  that  i  would  not  be  thought  capable  of  a  sUf- 
take;  andleflthet^^on'fwedrers/hould  not  be  Match  enough  for  we-.  Imuft  Vroclaim  War, 
and  bid  open  Defiance  to  all  that  have  taken  this  Oath;  and  prove,  that  they  ought  not  /• 
have  fwern  before  J  did ,  but  were  obliged  to  do  it  the  very  next  minute. 

But  what  now,  if  nothing  of  all  this  be  neceffary  \  W  kit  ./i  was  not  fo  wellfitisfiidah' 
^ut  this  matter  before,  asiamnowt  Is  any  man  forbidden  to  grorv  wifer,  and  upon  a  care- 
ful  and  thorough  examination  of  ihirgs,  to  alter  hts  mind,  when  he  fees  go'-d  reajouforit  > 
I  am  not  ajhamed  to  own, that  1  am  (fill  a  Learner;  anihope.  ifhullbefo  as  long  as. I  live, 
and  improve  my  Knowledge  every  day  by  Study  and  converfation 

So  that  without  producing  the  F  eafons  of  my  dtffatisfad  "n  before,  or  being  obliged  to  an- 
fwer  them,havingnevermade  them  ?ublick,i  thirk  it  v^ry  fair  to  give  a  fa^ispHoryVeafon 
now,  for  my  taking  of  this  oath;  hoping,  thatwh  i  huh  fatisfiedtve, may  have  ihc  fame 
tffeB  upon  f on  e  others,  that  will  have  the  pittien^e  impartially  10  corfiderit' 

I  had  indeed  fome  of  theft  Thoughts  long  fince,  which  I  drew  up  in  Writir'g,  und/J^ewed. 
$9  feme  oj  my  friendsi  and  dtfcQHYf'ed  mth  others  about  thm,  and  ioidw  here  i  fitick  t  but 

B  fii.k 


The    PREFACE, 

fficik  r  did,  atfd  could  find  no  hilp  for  it  5  and  there  1  had  puck  to  thit  day,  had  1  Mt  leen  ft" 
lieved  by  Bijhop  Overal's  Convocation  Bouk,Ti  /?/c/j  not  only  confirmed  my  former  ^Siotions* 
and  jugg^^ed  fame  new  thoughts  to  me,  which  removed  thofe  Difficulties^  which^  1  cotddno* 
hej')ye  ^onquer-^  but  alfo  by  the  VeneruhU  kuthority  of  a  Convocation,  gave  me grexter free- 
dom -tnd  liberty  of  thinking,  which  theapprehenfions  i:-f  Novelty  and  Singularity  hstd  cramps 
td  before 

Thus  Reader,  I  have  made  The  my  Confeffor,  and  declared  my  whole  Ueart  to  The,  as  to^ 
this  Matter',  and  now  judge  of  me,  .<js  ThoH  would'}  be  judged  by  God  another  day. 

I  muff  add  one  thing  more  :  That  I  have  renounced  no  ?  rind  pie  thit  ever  J  taught,  excep» 
iin^  one  in  The  Ct-Xq  o\  Refiftincc,  which  is  the  only  material  ?a(fage  1  know  any  reafon  tf3 
fetraBin}hatBo$k,  ViZ.  That"irhenSt.  Paul /^jj,  All  Power  is  of  God,  hemcansonly 
Legal  i'owers  -,  but  that  in  an  Vlereditary  Monarchy, where  the  right  HezV/V  living^^furp^ 
€d  ?da>ers  are  not  0/ God,  nor  the  Ordinance  ofGod  ;  as  1  proved  by  the  Example  0^  Joafh 
The  Reafon  and  i  he  Example  you  will  find  fujficienily  anfwered  in  the  following  Vifcourfe  , 
and  the  Dodrine  it  jVifrejeBed  by  the  Convocation.though  it  has  been  of  late  years  Jo  prevaiU 
ing  dmifiake,  and  impofed  by  fuch great  ^uthorities,that  it  is  very  pardonable,  ejpecially 
tvhen  it  is  fo  freely  acknowledged:  Though  the  truth  is,  I  think  (hll  it  is  very  true,  at  to  the 
Cafe  I  then  had  in  mine  Eye,  viz.  TheVfurpaiionso/  the  Rump  l^arliament,  &c.  bnttht 
^ault  is,  that  i:  fs  too  generally  exprefied. 

In  managing  this  Argument  upon  the  Principles  1  have  laid  down,  it  ps  nece^ary  to  reafon 
upon  the  Suppofitiono fun  jufli^furpationSi  and  illegal  Revolutions  of  State  \  and  it  may 
he  \  may  meet  with  fomefuch  Readers,  as  may  charge  me  jor  [0  doing  with  rejieBing  upon 
theprefmt  Government,  which  I  am  very  fure  I  am  far  jrom  intending  to  do.  -^nd  they  wha 
underfland  what  belongs  to  DifputesoJ  this  Nature,  know  very  well  that  the/horte^  way 
io  bring  the  matter  to  an  Ififue,  is  to  put  the  Caje  attheworflthat  canbe  fuppofed^becaufe 
this  gives  fo  much  the  greater  force  and  advantage  to  the  argument,  when  it  is  futedtg 
thofe,  who  are mofifirongly  prejudiced  againff  the  Legality  of  the  late  Revolution:  For 
fiippojing,  but  not  granting,  them  to  be  in  the  right  in  this  matter,  1  doubt  not  to  make  it 
appear,  that  it  is  for  all  that  their  Duty  to  fwear  allegiance  to  the  prefent  Government, 
tvhen  required  jo  to  do:  ^nd  this  being  clearly,  proved,  it  becomes  ttltogether  niedlefst§ 
debate  the  Legality  pfthilmP-ivolHtiQn, 


THE 


THE 


CONTENTS. 


SrS.  T.  The  Car<*  plainly  an-^breiflyftated.  That  the  Queftlon,  Whether  Allegiance 
._  be  due  to  a  Frincr,  who  is  fcitlcd  in  the  Throne,  does  not  neceTarily  involve  the 
Difpure  about  a  I  eaal  Kighr.  page  r. 

Se^..z.  ThrD.  dnne  of  the  Church  of  E»g/d«<i  in  this  Point;  asit  istaughtinBifliop 
OveraCi,  C(  nv(  caticn  Bo(  k.  3 

Two  things  rrovrd  from  that  Bock.  i.  That  thofe  Prinrcswho  have  no  legal 
Rightto their  Thrones,  may  yet  have  Gjds  Authority.  2.  i  hat  when  :h  \  arcthr  u^hfy 
fet.Icd  in  their  Throne,  they  are  invtftcd  with  Gjd's  Authority,  and  niut\  bercve.cnced 
and  obeyed  by  all  that  live  within  their  Ttrr. tones  and  Dominions,  4,  CP^p. 

StB,  3.  The  Tcftimony  of  Scripture  arid  Reafon  in  this  Matter ;  reduced  into  fevcral 
Propoficions.  7>^^> 

ie5.  4  Some  Reafons  and  Arguments  urged,  and  Objedions  Anl-Arcred,  for  the  far. 
ther  confirmation  oT  this  Doctrine.  J2 

1.  That  the  Scripture  has  given  us  no  direftion  in  this  Cafe,  but  to  fubmil  and  pay 
all  the  Obedience  of  Subjcds  to  the  prefent  Powers.  Ibul, 

Whether  Rom.  n.  i,  2.  concern  Legal  Powers.  Ibid. 

2.  Thisgivesthecafitftand  moft  intelligible  Account  of  the  Original  of  Hutnane 
Government ;  That  all  P  ower  is  from  God.  i  5 

Thefeveral  Hypothefes  about  the  Original  of  Government  confidered  ,    and  Pnewa 

inefFeftual  to  found  a  Right,  without  refolving  all  into  the  Authority  of  God.        ibid, 

ObjfH\  This  makes  a  King  lo(e  his  Right,  by  being  notoriouHy  injured,  Anfwer: 

'7 

Concerning  the  Oa'hs  of  AI]<-giancc.  18;  &c. 

f)bjt3y  This  Do<^trinc  makes  iiimpodlblc  for  an  injured  Prince  to  recover  his  Right* 
Anfwerfd.  21 

Ohjfti.  This  encourages  .ambitious  Spirits  to  grafp  at  Crowns,     ^^nfwered         22, 

OhjeB,  That  Pyrats  and  Robbers  have  as  good  a  Titleto  our  Purfe  asUfurpcrsto  the 
Crown,     .^nfwered.  Ibid. 

[    ekjjd.  The  Cafe  of  JeJ[;o/a</a*s  anoi«t:ngT«4yZ»,  and  kWWag  ^thaliah.     ^nfvf^red 

Ibid^ 

ehji^.  That  all  iCings  are  not  fct  up  by  God,  proved  from  mfu^l .  ♦.    ^nfwered. 


The    CONTENTS. 

3.  ThisDoftrine  if  founded  on  the  fame  Principle  with  the  DoArlne  of  Non- 
Refiftanceand  PalTive  Obedience.  24 

4.  To  deny  this  is  to  deny  God's  »/^uthority  to  remove  Kings,  and  to  fct  up  Kings. 

Ibid, 

5.  It  limits  God's  Providence  in  goveraing  Kings,  and  protcfting  innocent  and  in- 
iurediubjtds.  Wd^ 

6.  The  neceftityorGovernment  to  pre{»frveHumanf  Societies,  proves  this.  25 
Bifhop  Sattderfons  Opinion  about  ^ubnjilTion  to  (Harped  Powers  examined.       ibid 

7.  Thefc  Principles  anfwer  all  the  ends  of  Government  j  both  for  the  Security  of  the 
Prince  and  Sub jcds.  28, 

^n^nlwer  to  a  great  prejudice,  that  thefe  Principles  will  equally  tcrvcall  Ufurpati- 
ons,  with  a  particular  rcfpcd:  to  the  Rebellion  in    640.  29 

The  Objedion  from  the  Laws  of  the  Land  confidcred,  and  fome  brief  Remarks  on 
-9  late  Book,  cntitulcd,  Tht  Caje  of  allegiance  to  a  Hing  in  Vofjepion.  3  S 


THE 


THE 

CASE 

O  F    T  H  E 

ALLEGIANCE 

D  U  E    T  O 


^oberetgn  ^otoets 


3&C. 


SECT,    I. 

The  Cafe  pUinly  and  briefly  fidiedt 

I H  A  T  which  has  perplexed  this  Controvcrfie,  Is  the  inteS 
mixing  the  Difpute  of  Right  with  the  Duty  of  Obedience, 
ormakinethc  Legal  Right  of  Piinccs  to  theirThrones 
the  only  Reafon  and  Foundation  oitke  allegiance  of  Sub- 
jects: That  Allegiance  is  due  only  tc  Right,  not  toGo- 
verntnent,  though  it  can  be  paid  only  to  G  -veroment. 
Many  of  :hofe  who  have  writ  in  defence  of  the  New  Oath, 
have  fuppofcd  this,  that  a  Legal  Right  is  necelFary  ta 

make  Allegiance  due,  and  therefore  have  endcsvoured 

to  juftific  the  Legal  Right  of  Their  prcfent  Majefties :  This  as  1  have  fliewn  it  to  be 
unneceffaryi  foitfcems  to  me  to  be  unfir  to  difpute  the  Right  of  Princes  j  a  thing 
which  no  Goveroment  can  permit  to  be  a  Queftion  among  their  SubjifVs:  And  bow 
wellfoeverfuchDifputesmaybc  intended,  they  are  certainly  needlels in  thisCaufe. 
a«d  fctYC  only  to  confound  it,  by  carrying  men  incQ  fuch  daik  Labyrinths  of  1 3«r 


'^  The  Cafe  of  the  Allegiance 

and  Hiftofy,?^c.  as  very  few  know  how  to  find  their  way  out  of  again ;  And  there- 
fore 1  (ball  not  meddle  with  this  Difpute,  asbeifigboth  above  me,  and  nothing  to 
my  prcfent  purpofe. 

'And  on  the  other  hand,  thofcalfo,  who  refufe  the  New  Oath,  gowhollyupon 
this  Pfifltipfc,  That  Ailcgiartcc  is  due  only  to  a  Legal  Right*  And  take  away  tlr^, 
and  you  remove  all  the  dirlicultics  they  labour  under.  They  think  ,  that  a  rightful 
Prince  only  has  Right  ro  our  Allegiance.  Thar  though  he  be  difpoflcfled  of  his 
Throne,  it  ever  he  had  Right  to  it,  he  has  Rigli/:  ftill  i  and  therefore  our  Duty  Is 
ftillowin<»tohim,  and  to  no  other  j  aniour  ^athsot  Allegiance  to  him  ftill  bind 
us:  andtbauio  other  Prince,  whoafcendsthe  Throne  without  a  Legal  Right,  has 
Right  to  our  Allegiance  j  an  J  that  to  (wear  Allegiance  to  him,  while  we  a  re  under 
Obli<'ation  of  a  former  Oath  to  opr  rightful  Prince,  is  Perjury. 

As^far  arrknow,  this  isthefurnof  all  that  can  befard  in  this  Caufe?  Allowing 
thefe  Ifrinciplcs,  thereisno  way  tofatisfle  (iichmcn,  but  by  juftifying  the  Legality 
of  the  late  Revolution.  But  thcfugh  ma'ny  thifigsafrc  faid,  which  may  make  men 
much  moremodeft  in  the  point  than  (om'e  are  j  yet  to  Judge  truly  of  this  requires 
fucBperfeft  Skill  iff  I^w  and  Hiftory,^nd  the  conftitution  of  the  EngliJhGQwcm- 
merit,  that  few  men  are  capabkof  making fo  plain  and  certain  a  judgment  of  it, 
as  to  be  a  clear  and  fafe  Ruleof  Confcience. 

ButifthePrinciplebefalfe,  thcrq  i?  an  end  of  the  Difputc :  And  Subjefts  have  a 
plain  Ruleof  Duty  without  underftandingLa^s and  Politicks,  the  Intrigucsof  Go- 
vernment, the  Rcyolut*^on€  of  Stales^  the  Difputes  of  Princes  j^  whi«h  1  am^Owcis 
bothfortfeiecSfnyd^  ^overnmcmsand  $ubjeas.        '         '"  "^  ■ 

lfthe1i'Alie#nccbedue,  riot  for  the  fake  of  Legal  Right,  bat  Government. 

If  A'leplanccbedue,  not  to  bare  Legal  Rightv  but  to  the  Authority  of  Ga^l 

If  God,  when  he  fees  fit,  andean  better  fcrve  the  ends  of  his  Providence  by  \tl 
fcts  upKings  without  any  regard  to  Legal  Right,  or  Humane  Laws; 

IfKinos,  thus  fet  up  by  God,  areinveftcdwithGods  Authority,  which  muft  be 
obeved,  and  not  only  for  wrath,  bi»t  alTo  for  confcience  fake. 

Ifthcle  Principles  be  true,  k  is  plain,  that  Subjeds  are  bonnd  to  obey,  and  to 
-av  and  fwear  Allegiance '  (if  it  be  required)  to  thofe  Princes  whom  God  hath  placed 
and  fettled  in  the  Throne,  whatever  Difputes  there  may  be  about  their  kgal  Right, 
whenthey  aretrivefted  with  God^s  Authority. 

Aiid  thin  it  is  plain,  that  our  old  Allegiance  and  old  Oaths  arc  at  an  end,  whc« 
God  has  fet  over  us  a  new  King.'  forMrfefn  God  transfers  Kingdoms,  and  required 
our  Obedience  and  Allegiance  to  a  new  Kh^g,  he  neccflarily  transfers  our  Allegiance 

*°  this  Scheme  of  Government  may  (^artle  fome  men  at  flift,  before  they  have  well 
confidered  it  But  every  One  at  firl\  fight  mufl  acknowledge,  that  it  is  fo  mucb 
for  the  eafeandfafetyof  Subrcftsinall  Revolutions  (which  very  frequently  bap- 
pen)  what  the  generality  of  Mankinil,  from  an  inward  principle  of  Sclfpreferva- 
don,  toe  always  done,  aird  will^v^raysdo,  that  they  have  rcafontow.fh  it  to  be 
true%ndtobe  gladrofeeitwdlprovcd        ...       ,^    .  j  «     r 

And  this  I  fliall  endeavour  to  do  from  the  Authorny  of  Scripture  and  Rcafon^ 
indthatlmaynotappeartobefingularin  it,  and  ^.^^dvancc  Paradoxes,  1  ibaH 

SECT, 


duetoSovereignVowers,  &c.  v 

SECT,    II. 

thi  VoBrtne  of  the  Church  o/EngUnd  in  thh  poinf,  ^f.it  ps.  taught  hBi/hop  Ovctal's, 
Convocation  Book, 

I  Shall  begin  with  the  Doftrinc  of  the  Church  x^l  England,  not  that  I  equal,  much 
lefs  prefer  it,  before  the  Scripture  j  but  becaufe  Ionic,  who  rcfufe  the  Oath  ,iay 
greatftrcfson  it,  and  upon  this  fcore  charge  their  Brethren  with  no  lefs  than  ^po- 
ftafie  from  the  Church  j  and  pcffibly  whenfucha  venerable  Authority  ftands  in 
the  Front,  it  wil'i  prepare  a  kinder  reception  from  the  Reafons,  which  follow. 

The  Church  of  £«g/4»f^  has  been  very  caieful  to  inftruft  Her  Children  in  their 
Dutyto  Princes;  toobey  their  Laws,  and  fubmit  to  their  Power,  and  not  to  re* 
£&.,  though  very  injurioufly  opprcfled  j  and  thofc,  who  renounce  thefe  Principles, 
renouncetheDodrincof  thcGhurchof  E«g/<t«^j  But  fhe  has  withal  taught.  That 
ail  Sovcrc  gn  Princes  receive  their  power  and  authority  from  God  j  and  therefore 
every  Prince,  who  isfctled  in  the  Throne,  is  to  be  obeyed  and  reverenced  as  God's 
Miniftcr,  and  not  to  be  refifted  j  which  direfts  us  what  to  do'in  all  revolutions  of 
Government,  when  once  they  come  to  a  Settlement  j  andthofewho  refufeto  pay 
and  fweare  Allegiance .  to  fuch  Princes,  whom  Gcd  has  placed  in  the  Throne, 
whatever  their  legal  right  be,  do  as  much  rejcd  the  Doftrine  of  the  Church  of 
ingland,  asthofe  who  teach  the  refiftance  ol  Princes. 

For  the  proof  of  which,  I  appeal  to  Bifhcp  O-oewi's  Ccnvocaticki  Bock,  which 
contains  the  Afts  and  Canons  of  the  Convocation  begun  in  the  firfl:  Year  o(  King 
J<«i««I,i6o3.  and  continued  by  .^djournmentsand  Prorogations  to  1610.  under 
Archbifhop  Erf«f  ro/if,  a  wife  and  learned  man. 

In  Chapt.  zS.  The  Convocation  having  given  an  Account  of  the  various  and  Ir-  ,- 

regular  Revolutions  of  Government,  brought  about  by  the  providence  of  God  j 
**  who  for  the  fins  of  any  Nation  or  Country,  altercih  their  Governments  and 
**  Govcrncurs,  transferreth,  fetteth  up,  and  beftowcth  Kingdoms,  as  it  fcemeth 
'**  be(t  to  his  heavenly  wifdcm,  they  add  thrfe  remarkable  word?;  hnd  when  . 
havingattained  their  ungodly  deftres  {whether  ambitions  Kings,  by  bringing  any 
<ountry  into  their  SkbjeBion  -^ordifloyal  SubjeUsy  bj  their  Rebellious  rifing  againft 
their  Kaiural  Sovereigns)  thej  have  eftablijhed  any  of  the  fame  degenerate  form 
4ifGoverttment  among  their  Veoj^U;  the  ^tithority  either  fo  unjuftly  gotten ,  or  wrung 
iy  force  jrom  the  true  andUwful  Poffejfor,  being  alvays  God's  Authority  (  and  there- 
fore  receiving  no  Impeachment  by  the  wickednefs  ofthofe  that  have  it  )  is  ever  (  when 
Mny  fuch  alterations  are  throughly  fettled)  to  be  reverenced  and  obeyed,  and  the 
Teeple  of  all  forts.  (  as  well  of  the  Clergy,  as  of  the  Laity  ;  are  tg  befiibjeB  unto  it, 
not  only  for  wrath,  but  alfo  jcr  Con/ctence  fake. 

InCan.  28^  where  this  Dcdrine  is  decreed,  they  take  care  to  condemn  altthofe  pjge,  %^ 
wicked  means  whereby  fuch  changes  of  Gcvernments  are  made,  and  yet  to  afTert, 
That  whenever  fuch  Changes  are  anade,  the  Authority  is  Gods,  and  muft  be 
obeyed.  **Ifanvmantherelore  fhall  affirm,  either  that  the  Subjcfts,  when  they 
*'  flbake  ofFthe  Yoke  of  their  Obedience  to  their  Sorereigns,  and  fctup  a  form 
•'  of  Government  among  tbcmfelvcs,  after  their  own  Humours,  do  not  therein 
H  very  wickedly :  or  that  it  i$  Lawful  for  any  bordcfing  Kings,  through  Ambition 

*'  and 


4^  theCafeofi^llegtance 

"  andWalice,  to  invade  their  Neighbours:  orthat  the  ProvMfnce'aftd  Goodnefs 
•*  ofGod,  in  ufingof  R-^belllonsani  Oppreffions  againftany  King  or  Country, 
**  doth  mitigate  or  qualifie  the  Offences  or  anv  fuch  Rebels  or  oppreding  Kings; 
*•  or  that  when  any  fu-h  new  Forms  of  GavernmeiK.  begun  bv  Rebeliion,  and 
*'  after  throughly  fettled,  the  -/Authority  in  th»fm  is  not  of  God  .•  or  that  any, 
*'  who  live  within  the  Territories  of  fuch  new  Governments,  are  notbound  robe 
•'  fubjed  to  God's  Authority,  which  is  there  executed,  bur  may  rebel  againft  the 
*'  fame:  or  that  the  Teit»x  in  Egypt  ox  Bfl&>/o«  might  lawfully,  for  any  Caufc, 
*'  have  taken  Arms  againft  any  of  thole  Kings,  or  have  offered  any  violence  to  iheic 
*'  Pcrfons,  he  dorh  greatly  err 

Men  may  difpute  any  thing,  but  1  know  not  how  it  was  pofTIblc  for  the  Convo- 
cation to  exprefs  their  fenfe  plainer,  that  all  ufurped  Powers,  when  throughly  fettled, 
bave  God's  >^uthority,  and  muft  be  obeyed  :  So  that  here  arc  the  Two  great  points 
determined*  whereon  this  wliole  controverfie  turns. 

1.  That  thofe  Princes,  who  have  no  legal  right  to  their  Thrones,  mayyctbavc 
God's  Auchority, 

2.  That  when  they  arc  throughly  fettled  in  their  Thrones,  they  are  inycftcd  with 
God's  Authority,  and  muft  be  reverenced  and  obeyed  by  all,  who  live  within  thelt 
Territories  and  Dominions,  aswcll  Priefts,  as  People:  if  thcfe  propofitions  be 
true,  it  isaplain/fcfolurionof  theCafej  that  ifitfhould  at  any  time  happen,  that 
the  rightful  Prince  fhauld  be  driven  out  of  his  Kingdom,  and  another  Prince  placed 
in  his  Throne,  and  fettled  in  the  full  Adminiftration  of  Government,  5ubjcdts  not 
only  may,  but  muft  for  Confciencefake,  and  out  of  reverence  to  the  Authority  of 
God,  with  which  (uch  a  Fr  incc  is  invcfted,  pay  all  the  Duty  and  Allegiance  of 
5uhjetlstohim, 

w^sfor  the  firft,  the  Cafe  is  plain,  that  the  Convocation  fpcakes  of  illegal  and 

ufurped  powers,  and  yet  affirms  that  the  Authority  exercifed  by  them,  is  Gods 

Authority  and  therefore  thofe  Princes,  who  have  no  legal  right,  may  have  God's 

Authority :  the  wordsof  the  Canon  are  very  plain  and  exprefs,  and  yet  if  any  man 

defires  farther  fatisfadion,  that  this  was  thejudgement  of  the  Convocation,  that 

Princes,  who  bave  no  Legal  Right,mayhave  Gods  Authority,it  is  very  eafie  to  give  it. 

They  teach.  That/^eLoy^i  fin  advancing  Kings  to  their  Thrones;  isnotkouni 

Page, 40'     fQ  fijQjc  laws,  rvhkh  he  prefer ibeth  others  to  sbferve,  and  therefore  commanded 

Jehu  a  Subjed  to  be  anointed  Kin^  oj  Ifrael .  q/  purpofe  to  pitni/h  the  (ins  of  Ahab  and 

Jezebel:  and  what  he  did  by  prophets  in  l/"we/,  by  an  exprefs  Nomination  of  the 

Perfon,  he  does  by  his  Providence  in  other  Kingdoms,  fetup  Kings  when  he  fees 

fit,  without  any  regard  to  the  Right  of  SuccefTion,  or  Legal  Titles     For  as  they 

^i*)S3»     telluselfewherc.  The  Lord  both  may,  and  is  tble  to  overthrow  any  Kings  or  Empe» 

rou^s,  nottfiihflanditjg  any  Claim,  Right,  Title  or  Intenp,  which  they  can  challenge 

to  their  Countries,  Kingdoms,  or  Empires, 

The  Moabites  and  Aramites  never  could  have  a  Legal  Right  to  the  Government 
o^lfrael,  and  yet  the  Convocation  afterts.  That  when  Ifrael  was  in  fubjcftion  to 
^^i'>St'  them,  they  knew,  that  itw  as  not  Lawful  for  them  ojthemjdves,  and  by  their  own 
Authority  to  take  ^rms  againft  the  Kings,  whojefuhjeHs  they  were,  though  indeed 
they  were  Tyrants.  And  that  it  had  not  been  lawful  for  Ehad,  to  have  kiiled  King 
Eglon,  had  bf  not  btw  frfi  mait  ^J  Q9d  the  ](tdge,  2tmu  uni  Knlcr  of  the 
Vfopls> 

The 


duetoSovereignTowers.&cj  f 

The  like,  we  fee,  they  teach  of  the  Kings  of  Bgyp  and  Babybn,  who  never  had  a 
Legal  and  Natural  KighcfoGovcm  l/r.e/i  and  the  l.kc  they  affirmot  the  Four  ^onar^ 
chies  which  were  ail  violent  Ufurpanunsi  and  the  Pnncp.cthcy  ground  this  on  plain- 
Uex^eXoaTlKn^a^  IhatG  d.  and  his  .on  Icfus  Chnft,  rvhoCh.^,, 

irul";ilL;i.«aK./e.o.:r  .//  ..e.'oria    d,..  -7---   up  Kings,  as^^^-- 
will  bcftfervethe  Endsof  his  wile  Providence,    ih.v^m.d,  (fatthhe)  theEanh,  the 
Man    andtheBeaflsth^tare  upon  the  ground,  andh^vegtvenuto  rvhomn  pleajethme.  ' 
^ndag4in.theVfoph,tD^mdteUethusrhatGodch.nge^^^ 

hehathPoiper  and b^arethlluU over  the  Kingdoms  oj  Men:  th^^  hetakah  away Ktngs.  ^^^'  ^  '^^ 
and  fttteth  up  Kings,  and  that  ittv^s  theGedof  Heaven,  rfhogaveu.to  Ncbuchadncz-  ^^„^.  ^^^ 
z,rfo  great  a  Kingdom.  Pe«^er,  Strength,  andGtory.  a.  then  he  had  to  Rule  mth  Ma. 
jefiyandHouoptr  a  very  great  empire:  in  refpeB  whereof,  although  Kings  and  ^rtnces 
might  have  been  fati^ fed  with  the,  Tttles  oj  UentenantsorVtcegerentsonEarth,  to  the 
Sonoi  Godi  yet  he  did  communicate  and  impart  io  muchojh^s  Vower,  ^Mnoruy,  and 
Viznity  unto  them,  as  he  wai  content  10  (Hie  them  with  his  own  ^me  ^1  have  [aid  ye  are 
Gods/andthe  Children  oJ  the  modHigh  And  therefore  we  may  obferve,  there  .sno 
DmvSubje£ls,  as  fuch,  owe  to  the  moft  Legal  and  Rightful  kings,  but  the  Co»^;of^«. 
on  aiicrts  due  to  all  Kings,  whom  God  hath  placed  in  the  Throne,  by  what  vidble  means 
(oever  they  obtained  it:  astoobeyand  fubinittothcm,  not  to  refift  them,  nor  rebel  a. 
gainftthcm,  to  pay  all  Cufloms  and  Taxes,  to  pray  for  them,  nay,  to  fwear  Allegiance 

to  them,  if  it  be  required.  ,      ,      ,  ,    1.  1  t>  •  l  l 

Thusthcy  teach  with  refpea  to  Alexander  (and  I  think  any  Prince  who  gets  the 
Throne;  may  pretend  as  much  Right  to  it,  asbe)  ifanyMan  therefore  Jha  I  affirm    et-  ^^^ 
ther  that  the  Jen..,  gentrally  both  Vrie(is  and  People    were  not  the  SubjeBs  of  Alexander.  ^,^,  ,^^ 
ajterhis^uthoritywa.  fettled  amongH  them,  ^ '.hey  had  been  before  the  Suhje^s  of  thi   ^ 
Kings  of  Babylon  4«t/  Pe»  da  i  or  that  they  might  lanfuUy  have  bom  ^1  ms  againfl  htm  j  ; 

iir  thai  they  were  not  all  bound  to  pray  jer  theUngtife  and  Vrofpenty.bothoj  Aiexandei- 
andhisEmpire,  astheyhadbeenbefore  to  pray  for  the  Life  and  Proiperttyofthe  other  fatd 
Kings,  and  thetr  Kingdoms,  while  they  lived  under  their  Suhje^ion'.  orconfeque„tlyjhat 
they  might  ta-wfully,  upon  any  occafion  whatfomever,  have  offered  Vt9ien:eandDe{iri<at' 
en,  either  to  their  ?erfott5,  or  to  their  Kingd$ms.Jcc.     heioth  greatly  err. 

Thus  Can,  3^',  they  teach.  That  wbucrer  affirms,  That  the ]ews  were  not bound,bGtb  ^^^g^c 
to  have  paid  their  Tribute,  and  to  have  prayed  for  Caefar  without  dislmulation  ,  fincerely 
tmd  truly,  nof  withfianding  any  prett,nce  of  Tyranny,  which  they  had  wilJuUy  drawnupon 
their  own  heads,  brofanycaufey^batfo^ver;  or  that  fuch  oi  curfei  Cx^^x,  (their  thtef 
Governour)  did  not  thereby  deferve  any  corporal punifkment,  which  f^  due  tobetnfli5ied 
upon  fuch  Traitors;  or  that  the  Kebellion  agatnfl  any  King,  ^bfolute  Vrmce,  orCtvtl 
hlagiHrate,  fir  any  caufe  what  foever.  Httot  afindetefluhle  inthe  fight  of  God,  &c.  he 

doth  greatly  err.  .         ,      ,,      .  r  r  jt- 

Chapter  iA-  they  condemn  the  Vbarifees  y  who  when  Uerod  upon  occafion  caufedhts  fage79*' 
Subjects  to  bind  themfelves  by  Oath,  ^bd  non  deceffuri  effent  h  fide  CP- officio,  reffedto 
takethatOath,     And  in  their  Hth.  Canon  they  teach  :  That  ifanyMan^ffirm,  That  the  VafcZ.z, 
fharifees  in  refufing  to  bind  their  allegiance  and  Faith  to  Catfar,  by  an  Oath  did  not  there.  ^ 

hyfhe'X'i  themfelves  traiteroujly  affeBed  towards  him  (which  cvidentiy  is  Rot  true  of  all. 
who  may  refufe  fuch  Ojrh,  but'the  intention  is  only  to  condemn  fuch  a  retufal ; )  or  that 

it  was  not  a  feditiotn  DoBrine T«  rejuje  all  Taxations  injpofed  by  the  Romans,   their 

Uwful  Magiflmts  and  mhtt  to  yM  thtin  to  pay  any  TtibHte  to  thm,  5cc.    h  doth  great. 


fi  ■    The  Cafe  of  the  i^lk^mnce 

In  th?  Cafe  Wcf/fs  (wearing  ftlWgiance  iot>mm,  they  condemn  'chofe,  who  fay, 
r^^  30.       That liM\x^ thi  High.Vrkfi did stmifshhiniinghis  allegiance  to  KingDMiius  by  Oath*, 
^S'^S'        e;  that  he  had  not  finned,  if  he  had' nhjed   {being  thereunto  required)  to  have  jxvorn. 
And  yer  in  the  very  next  r^nb»,'^hich  1  have  already  quoted,  ihcy    reach,  That  both 
Priefls  and  People  (and  therefore  ]addtPsh\mCt\ii  became  as  much  the  Sui>jc<5lsof  ^/f%- 
ander,  as  they  ha.ibctnoi^t>dYiks  ^   dnd  then  according  to  this  DcftiMicy  if  ^iexundtf 
had  required  anOatnbf  J^lU'gtance{\oni](iddti4,  (^sk  h  probable  he  did)  J.W<^/^  had 
iinned,   if  he  had  refufed  thi3t  Oath,  though  according  to  all  th-  Circumftaiic^  oi  the 
5rory,  V>arimwzsthtnWmq.y  to  whom. krfi/^  had  before  fwom  Allegiance. 
%e6^.  Biuit  willbeobjedlcdagainftthis.  that  the  Convocamn  takfs  notice  of  that  Anfwcr 

^addit4  gave  to  Alexander,  when  he  fent  to  him  from  Tyre  ,  after  the  Overthrow  of  Da- 
rirify  That  hejhoiildasfifl  him  in  his  Wars,  and  become  Trthntary  to  the  MsiQcdonlanSf  at 
he  had  been  to  the  Perfians :  He  returned  for  his  ^nftver.  That  he  might  not  yield  to  this, 
hecaufe  he  had  taken  an  Oath  fii^  his  true  i^llegiance  to  Darius,  .mhichhe  might  not  UrvjuU 
ty  violate,  ti'hile  Da^m  lived;  being  by  flighfefcaped,  when  his  ^rmy^va.sdtfcomfited, 
,      ^        .     But  wemayebfcrve,  that'the  Co»z;octffiotf  in  their  C<iko»  upon  it,,  takes  no  notice, 
^      ^*     tnatjrftii.'^  having  fworn  to  D4r/«^,  could  norfubmit,  or  fwear  to  any  other  Prince, 
while  D«i}7«j  lived  5   and  iris  plain,   Tit^iz^  himfelf  did  not  mean  this  by  it,  for  he  irn- 
medi.ne]y  fubmitted  to  Alexander,  as  foon  as  he  came  to  ^erHfalem,  before  he  had  given 
the  lafl  fatal  Overthrow  to  P^nW,  when  D^y/Vw  in  bis  flight  was  murdered  by  his  own 
Servants.     The  meaning  then  of  ]addm's  Anfwer  to  Alexander,  was  no  more  but  this  s 
Thar  he  having  (worn  Allegr^nce  to  Darim,  could  not  nrake  a  voluntary  dedition  of 
fiimfcHto  Alexander,  which  was  the  thing  defired  ;  but  when  he  was  in  Alexander's 
Power,  (which  made  it  a  mittcr  of  force,  not  of  biS  own  choice)  he  made  no  fcruplc 
to(\xbm\\itc\  ^^Aexander,  and  become  his  Subjed  and  Tributary,  as  he  formerly  was  the 
fworn  Subjcftof  D.tym. 

Ihis,  f  think,  fufficiently  proves  the  firft  thing ,  that  this  Co«'z;ow//o»  taught,  that 
Princes,  who  have  no  Legal  Right  to  their  Thrones  when  they  are  placed  there  by  God,, 
areinvcfted  with  God  s  Authoritj',  and  m'uft  be  reverenced  and  obeyed  by  all  Subjeds,   . 
in  as  full  a  manner,  as  any  other  the  mofl  legal  and  rightful  Prince  can  challenge. 

2dlyy  The  only  enquiry  then  is,  what  the  Convocation  means  by  the  Government's 
feeing  throughly  felled.  A  Prince,  who  is  throughly  fetled  in  bis  Throne,  has  God's  Au- 
thorify,  and  inuft  be  obeyed  \  but  when  is  bis  Government  throughly  fetled  ? 

Nowhercitis,  that  men  may  impofeup&n  themfelves,  ifthey.will,  and  if  they  think 
it  their  Intertd  to  do  (o  y  and  may  makt  as  little  or  as  much  go  to  a  through  fettlement,,. 
as  they  pleafc  j  forthe  Convocation  has  not  determined  the  bounds  of  it :  they  thought 
this  a  vifibk  thing,  that  every  Subj<-'<n:  could  fee,  when  the  Government  is  fo  fetled,  asto 
Mike  our  Obedience  due  and  necefTary>  and  therefore  there  was  no  need  of  defining,. 
v/hat  ir  is  to  be  throughly  fetled :  When  the  whole  adminiibation  of  Government,  ^nd. 
the  whole  power  of 'the  Nation  isin  the  handsof  thePrince;  when  every  thing  is  done 
in  his  Name,  an  ^  by  his  Authority  j  whentheEftatesof  the  Realm,  arid  the  great  Bo-, 
dy  of  the  Nation  has  fubmitted  to  hihi,  and  thofe  who  will  not  fubmir,  can  be  crufhcd< 
by  him,  when  ever  he  plcafes;  if  this  be  not  a  fetled  Government,  I  defpairof  ever 
knowing  what  it  is  5  for  there  is  no  Government  In  the  World  fo  fetled,  but  that  by 
feme  unfeen  Accident,  or  by  greater  Force  and  Power,  it  may  be  unfctlcd  ;  and  in  this 
lenfeitisimpofliblcevertokncw,  when  a  Government  is  fetled;  for  no  Government: 
IS,  or  can  be  thusfctledagalnit  ail  events  r  but  then  the  Government  is  vifibly  (ctlcd„ 
when  the  fam^  has  ihfi  M  aod  pcrf^Adminiftwion  ot  all  Affairs  relating  to  kn  Kingr. 


dm  to  Sovereign  Towers,  8cc, 

Buriftheoeneral{ubmi(Tion  of  the  People  fertle  a  Governire nt,  lam  Aire,  that  is 
cafilycnougMinovMi,  when  a  Nation  has  fubmirred  to  aPiincc;  but  this  will  not  be  al- 
lowed us,  tlvit  rhc  fubmilfion  of  the /'eople  fetfles  the  Gcvernmcnt,  unlefs  the  Prince, 
who  has  the  Right  ro  Govern,  fubmitalfo  ;  burl  would  gladly  hear  a  good  Pvcafonfet 
this:  ThefubmiiTionot  the  Prince  indeed  may  be  thought  neceflary  to  transfer  a  Legal 
Right;  bur  the  rubmilTI^n  of  the  People,  ot  itfelf,  is  fufficicnc  to  fettle  a  Governmenr, 
and  when  it  ii(.  tied,  then  it  isthe  Aurhoritv  of  God,  whatever  the  Humane  Right  be. 

This  I  take  to  be  the  true  fenfe  of  thjs  Convocation  conceining  Obedience  to  5overeii^n 
Powers;  ail  Sovereign  Powers,  whofe  ^owcr  andGovcrnmcm  b  throKghly  fetkd,mii(t 
be  obeyed,  whatever  their  Lesal  Right  be  ;  for  they  have  the  Autfiority 'of  God,  to 
which  our  Obedience  and  Subjef^ion  is  due,  and  that  fupcrcedes  all  farther  enquirie?,- 
This  is  a  good  Argument  from  Authority,  and  asgood  Authority  as  can  be  urged  to  the 
Members  of  the  Chuich  of  England -,  for  if  a  Co«T;flc<t//V»  cannot  declare  tbejudament 
of  the  Church  of  £«g/a»</,  1  know  not  whence  we  fh.ill  learn  it. 

Bur  1  will  not  rely  only  upon  Authority,  but  I  thinkfo  grei^t  an  Authority,  ifltdcnot 
determine  our  ji^cignrcnt,  ought  at  !e?ft  to  make  us  more  carefully  and  impartially  to 
examine  the  Reafon  of  things,  and  to  deliver  us  from  the  Tyranny  of  prepofltfflon  and- 
Prejudice;  and  to  that  I  proceed. 


SECT.    III. 
the  TfPimeny  Of  Scripture  rfw^iRe^fon/K  ihps  matter- 

THa?  which  we  are  to  prove,  is,  Thatall  Soveraign  Princes,  who  are  fettled  in  their 
Thrones,  are  placed  thereby  God,  and  invtftcd  with  his  v^utliority,  and  therefore 
mufl  be  obeyed  by  all  SubjcfVs,  as  ttie  Mini&eisof  God,  without  enquiring  into  their 
Legal  RightandTitlc  to  the  Throne:  The  prcofsof  this  from  Scripture  aud  Reafon 
muu  neccflarly  be  interraixt  and  interwoven  with  each  o^her,  and  to  fet  this  matter  in 
asdearaLightasI  can,  Ifhali  reduce  the  whole  into  fome  plain  Propofitions. 

Tro^.  1-  Thataii  Civil  Power  and  Au:horityis  from  God;  tor  he  is  the  Supreme 
Xord  «f  the  World,  and  has  thefole  Right  to  Govern  his  Creatures,  and  therefore  no 
man  can  have  an}  Authority  butfiomGod:  this  will  be  readily  acknowledged  by  all, 
ivhobelieve,  that  thercisaGod,  and  that  he  made  and  Guvcms  the  World. 

Pro/?.  2,  That  Civil  Power  and  Authority  is  no  otherwifc  from  God  ;  then  as  he 
gives  this  Power  and  Authority  to  fome  particular  Perfon  or  Perfons,  to  Govern  others: 
For  Authority  belongs  to  a  Perfon,  and  that  Powerand  Authority,  which  any  Perfon 
cxercifes,  is  not  from  God,  which  God  never  gave  him  :  Ifhe  Governs  without  receiv- 
ing his  Perfonal  Authority  from  God,  he  Governs  without  God's  Aiithority. 

Itake  notice  of  this  to  prevent  a  ccmraouEvafion,  that  all  Power  is  faid  to  be  o/God, 
Becau'c  God  has  iaftitured  Civil  authority ;  not  that  every  one,  who  exercifes  this  --^u- 
tbo'Mty,  receives  it  from  God  . 

.  But  what  rhcy  mean  by  the  Inflitution  of  Civil  Authority,  I  cannot  tell,  unlefsitbc 
that  God  mtrnde-l,  that  Mankind  fhould  live  under  Government :  but  this  does  nor 
prove,  that  al!  power  and  >^ut  ority  isfromGod,  unlefs  thofe,  who  exercife  thisAu- 
riionry,  receive  it  from  God  :  anditisplain,  that  St.  Pattl,  Kom,  15,  7,  by  theH/;£;/;er 
Vowers,  2nd  all potper,  means  thofe,  who  cxercile  this  Supreme  Power,  thatall  (uch 
SoYCfcignPsinwjar^ittup  by  God,  and  rccciy*  their  v^vubgrityfroo)  bim  5  they  are  the- 


8  The  Cafe  of  the  Mejfiance 

^uUr!,  V,  5.  theMiniflersofGoi,  who  bear  the  Sword,  w.^.  indlnStVeter,  theKing 
as  Supreme,   i,?ety  2,   i?. 

Vrop,  3.  There  arc  but  three  wayes  whercbv  God  gives  this  Power  and  ^inhoriry  to 
any  Pcrlons:  Either  by  Nature,  or  by  an  txprefs  Nomination,  or  by  the  difpofais  o 
Providence.  f 

By  Nature:  Parents  have  a  Natural  Supfnoriry  over  their  Children,  a  ad  arc  thclc 
Lords  and  Govsrnours  too  ;  This  wasthe  fiift  Government  in  the  World,  and  is  the 
only  Natural  Authority  ;  for  in  propriety  of  fpeaking,  there  is  no  Natural  Prince  but  a 
Father,  But  by  what  boundsthis  paternal  and  Patnarchical  Authority  was  limited,  we 
cannottellj  how  the  extent  of  their  power  was  ftinted,  and  where  new  Families,  and 
new  Governments  began;  and  it  is  in  vain  for  us  to  enquire  after  it  now. 

By  a  particular  Nomination .  God  made  Kings  only  in  ]evt>ry,  and  entailed  the  King- 
dom ofjudah  upon  David's  Poftedty :  and  after  the  Divifion  of  the  ^'  en  Tribes  from  the 
Kingdom  ot  Jndaht  by  cxpref*  Nomination  Cct}erchoam  and  Jehu  over  the  Kingdom  of 
Ifrael. 

But  God  ruled  inall  the otker  Kingdoms  of  the  florid,  as  well  as  in  ]ewrj,  and  all 
other  Kings  ruled  by  Gods  Authority,  as  well  as  the  Kings  of  J«<f«iA  and  l/rae/  who  were 
advanced  by  his  Command  :  for  the  moft  high  ruleth  in  the  Kingdom  oj  men,  and  giveth 
it  tOTphomfoever  hewill,  andjettethnffoverittbebafeflojwen'y  Dan.  4  '7.  Jtivjtsthe 
God  ofHeaven,  that  gave  t^ehnc\-A<iQezzAr  a  Kingdom,  Power,  and  Strength,  and  Glo- 
ry. It  is  he,  that  changeth  tines  afidjeajons,,  that  removeth  Kings  andfetteth  up  Kings, 
Dan,  2,  21,  37.     andthePiophecyofthe/owr  Aio«<irc^/e5isadcmot^rationolir. 

But  now  God  governs  the  refl  of  the  world,  removeth  Kings,  andfetteth  up  Kings,' 
©nly  fey  his  providence  j  that  is,  then  God  fets  up  a  Ki  ng,  when  by  his  Providence  he  ad- 
vances him  to  the  Throne,  and  puts  the  Sovereign  -Authority  into  his  hands  j  then  he 
removeth  a  King,  when  by  his  providence  hethrufl^  him  from  his  Throne,  and  rakes 
the  Government  out  of  his  hands:  For  providence  is  Goos  Government  of  the  World  by 
an  invifibk  influence  and  power,  wherebvhe  Direfts,  Dcterm  nrs.  Overrules  all  E- 
ventstothcaccomplifhmentof  hisown  will  and  Counfels,  indiltindion  from  his  more 
vifiblc  Government  by  his  Ortfc/cj  a  nd  Pyo/»^f/^,  or  the  express  figmflcations  of  his  will, 
as  he  in  former  ^ges  governed  ifrael. 

Nor  does  it  make  any  difference  in  this  Cafe  to  diflinguifh  between  what  God  permits,' 
and  what  he  does,-  for  this  dif^inction  does  nor  relate  to  the  £vents  of  things,  but  to  the 
ft^ickediaefs  of  men  ,•  which  is  the  onlv  reafon  for  thij  diftinftion  j  For  the  Scripture  never 
fpeaksaf  God's  bare  permiflion  of  an\  £vf  nts,but  makes  him  the  Author  of  ill  the  good  or 
cvi' which  happens  either  to  private  perfons,  orpublick  Societies.  The  fvents  of  all 
jihings  arc  in  his  hands,  and  are  ordered  and  difpoffdby  his  will  and  Counfel.  asthey 
cnu{tbeifGod}»overnsthf  World:  But  God  canno*^ be  the  Author  of  any  wickednefs, 
cannot  infpirc  men  with  any  wi.ked  Counfels  or  Dcfi^ns,  nor  incline  their  wills  to  the 
Ccmmiflionof  it,  and  therefore  this  we  fay  God  only  permits;  but  when  it  comes  to 
action,  be  over-rules  their  wicked  defigns  toaccomplifhhisown  Counfels  and  Decrees  5 
and  either  difappoints  what  they  intend,  or  gives  fuccefs  to  them,  when  he  can  ferve  the 
ends  ofhis  providence  by  their  wiikednefs:  And  herein  confifts  the  unfcarchabk  wifdom 
pf  providence,  that  God  brings  about  his  own  Counfels  bv  the  free  Mimftricsofmen: 
He  permits  men  to  do  wickedly,  but  all  Evi-nts,  which  are  for  the  good  or  evil  of  private 
men,  orpublick  Societies,  are  ordered  by  him,  as  the  Prophet  declares,  ^m9S.  3t  6« 
SiiihhercksvilhaQity,  andtkLQrdhfithnQtdgnnt^  , 


^ue  toSoveretgnTowers,  Sic,  ^  ^ 

An(jyct  if  there  wtrc  any  fuch  dift  inftton  as  this,  that  fomc  £vcnts  God  only  permits, 
tnd  fomc  be  orders  and  appoints,  wc  ought  in  rcafon  to  afcribe  the  advancement  of  King« 
to  God's  Decree  and  Counfd,  becaufc  it  is  the  principal  Ad  of  prc;videncc,  which  has  fo 
great  an  infliaence  upon  the  Government  oftheworld;  andifhc  decree  and  orderany 
Events,  certainly  he  peculiarly  orders  fuch  Events  as  will  do  moft  good  or  n,oft  hurt  to 
the  world.  He  muft  with  bis  own  hand  immediately  dired  the  motions  of  the  great 
wheels  of  P  rovidence  j  and  not  permit  them  to  move  as  they  picafc  thcmfcl vcs.  tfpe* 
cially  when  we  remember,  that  Kings  arc  God's  Miniftcrs  and  Lieutenants,  and  are  in- 
vefted  with  his  Authority:  Now  to  give  Authority  to  any  perfon,  does  not  fianifieto 
permit  him  to  take  it }  and  we  cannot  but  think  that  God  will  excrcife  a  particular  care 
and  providence  in  appointing  his  great  Minifters.  No  man  can  have  God's  Authority^ 
but  he  to  whom  it  is  given;;  anditthe  advancementto  the  Throne  invcils  fuch  a  Prince 
with  God's  Authority,  then  God  gives  him  the  Throne,  and  does  not  mecrly  permit 
bimtotakelt;  for  no  man  can  take  God's  Authority,  but  it  muft  be  given. 

Nay,  fince  God  makes  Kings  now,  not  by  an  exprcfs  Nomination  of  any  Perfong,  but 
only  by  the  Events  oC  Providence,  wemuft  not  allow,  that  God  arany  time  permits  men 
to  make  themselves  Kings,  whom  he  does  not  make  Kings;  For  then  we  can  never 
diftinguidi  between  Kings  by  the  pcrmiffion  and  by  the  appointment  of  God,  between 
God'sKings.  and  Kings  of  their  own  making;  unlcfsall  Kings  arefct  up  by  God,  and 
iuvcfted  with  his  Authority,  we  can  never  know  what  Kings  have  God's  Authority, 
whothofeare,  whom  wemuft  obey  out  of  Confcicnce,  and  whom  we  muft  not  obey: 
Thcrcisnodiredionhowtodiftinguifhthem,  and  the  Events  of  providence  in  placing 
them  in  theThione,  are  the  fame  in  both 

Now  the  necedary  Confequence  of  this  is,  that  by  what  means  foevcr  any  Prince  aJ 
fccnds  the  Throne,  he  is  placed  thereby  God,  and  receives  his  Authority  from  him. 
There  arc  very  diftercntwayes  indeed,  whereby  this  isdonc;  fometimesby  the  f-Icdion 
of  the  people;  fometimesby  Conqueft  (  which  has  been  the  vifible  Original  of  moft 
Governments)  and  when  any  Family  is  thus  advanced  to  the  Throne,  it  is  continued  by 
SuecefCon  and  legal  Entails  J  butall  thcfe  waycs,  or  any  other,  that  can  be  thought  of, 
are  governed  and  determined  by  the  Divine  Providence,  and  the  Prince  thus  advanced 
is  as  truely  placed  in  the  Throne  by  God,  as  if  he  had  been  rxprefly  nominated,  anda- 
nointcd  by  a  Pro/rfee/ at  God's  command,  zsSaul  and  David  were.  Somefmcs  God 
leaves  a  free  People  to  choofe  their  ownKing,  and  then  he  direfts  their  choice  to  fuch  a 
perfon  as  he  will  make  King.  Sometimes  he  fuffers  an  afpiring  Prince  to  invade  and  con- 
quer a  Country,  but  he  never  fofFers  him  tc  afcend  the  Throne,  b«^t  when  he  fees  fit  to 
make  him  King.  Sometimes  be  not  only  places  a  (Ingle  Perfon  in  the  Throne,  but  en- 
tails it  on  his  family  by  Human  Laws,  and  makes  the  Throne  a  legal  Inheritance  j  but 
when  he  fees  caufe  lor  it,  he  interrupts  the  Succeffion,  or  finally  transfers  the  Kingdom 
to  another  family. 

Trop,  4,  All  Kings  are  equally  rightful  with  refpeft  to  God.*  Forthofearc  all  right* 
fnl  Kings,  who  are  placed  in  the  Throne  by  God,  anditisimpoflible  there  fhould  be  a 
wrong  King,  unlefs  a  man  could  make  himfclf  King,  whether  God  will  or  not.  The 
whole  Attthority  of  Government  is  Gods,  and  whoever  has  Gods  Authority  is  a  true  and 
rightful  King;  for  he  has  the  true  and  rightful  Authority  of  a  King  ;  and  if  all  Kings  who 
are  fettled  and  cftablifhcd  in  their  Thrones,  arefet  upby  God,  and  havehis  Authority, 
with  rdpcft  to  the  Authority  which  they  have  from  God,  they  arc  righiful  Kings. 

Vrop,  5.  The  diftinftion  then  between  a  King  </ey«re;  andaKmg<ifya^,  rclateson- 
)ytoHurRancLaw5>  wbicb  bind  fubje^s^  butarenoubenccciTary  Mksjind  Mcafures 

I  of 


la  Hhe  Cafe  of  the  Allegiance 

of  theDivin:  ?i'ovidence.  In  Hcrediiary  Kingdoms,  He  is  arightfui  King,  who -feas 
by  Siicw^onaTegal  Rightto  the  Crown  j  and  be  who  has  poleffion  of  the  Crown, 
without  a  legal  Right,  is  a  King^fe/a^oj  that  is,  is  a  King,  but  not  by  Law  :  Now 
Subjects  arc  fotieil  up  by  the  Conftitutions  of  the  Kingdom,  that  they  muft  not  pull 
down  nor  fct  up  K;ngs  contrary  to  the  Laws  of  the  Land  j  but  God  is  not  bound  by  Hu- 
tu sne  Laws,  but  can  make  whom  he  pleafes  King,  without  reg.^rd  to  legjl  Rjghts,  aad 
when  hedoesfo,  iheyaretruc,  though  not  legal  Kings,  itthofe  arc  true  Kingswha 
haveGods  Authority. 

Pro/?,  6  We  can  have  but  one  King  at  a  time:  Two  rival  and  oppofice  Princes  carjr 
not  at  the  fame  timepjlTefstiic  fame  Throne,  nor  can  Subjcftsbc  bounito  twooppo- 
iite and  contrary  Allegiances  j  torrfimancanfervetrpoMafiers;  and  yet  Allegiance  is 
due  to  a  King  by  the  Laws  ofGud,  and  to  every  King  whofc  Subjcifls  we  are,  that  if* 
wecouid  have  two  Kin;^s,  we  muft  have  two  Allegiances. 

2rop.  7.  He  is  our  King  who  is  fettled  in  the  Throne  in  the  a£^ual  adminiflrationof 
Sovereign  Power:  For /i:/w^  is  the  Name  of  Powerand  Authority,  not  oFmeer  Right. 
He,  who  has  a  legal  Right  to  the  Crown,  but  has  it  not,  ought  by  the  Laws  of  the  Lani^ 
to  be  King,  but  is  nut :  but  he,  who  is  adually  Certlcdin  the  Adminiftration  of  the  Regal 
Power,  is  King,  and  has  God's  Authority,  though  he  have  not  a  legal  Right. 

But  the  Objcdion  againft  this  is,  That  it  is  Hobbifm,  that  Dominion  is  naturally  an- 
nexed to  Power  j  butth'.  lewbofay  this,  do  not  underf^and  Mr,  Hebhst  or  me:  For 
Hemakes  Power,  and  nothing  elfe,  to  give  Right  to  Dominion  j  and  therefore alTerts, 
ThatGodhimfelfis  the  Narural  Lord  and  Governour  of  the  World,  not  becaufc  he 
made  it,  but  becaufe  he  is  Omnipotent;  but  1  fay.  That  Government  is  Founded  in 
Kight,  and  that  God  is  the  Natural  Lord  of  the  World,  becaufc  he  made  it  j  and  that  no 
Creaturehas  any  Right  t)G:»vern  the  World,  or  any  part  of  it,  but  as  he  receives  Au- 
tljority  from  God  :  And  therefore  fincc  Power  will  Govern,  God  Co  orders  it  by  his  Pro- 
vidence, as  never  to  intruft  Sovereign  Power  in  any  Mans  hands,  to  whom  he  does  not 
give  the  Sovereign  Authority  :  That  power  does  not  give  Right  and  Authority  to  Go- 
vern, but  is  a  certain  fign  to  us,  that  where  God  hath  placed  and  fcttleel  the  Power,  he 
has  given  the  Aa^hurlty. 

Vrop,  8  Allfgianceis  dueonlytotheKIng.'  For  Allegiance  fignifies  all  that  Duty, 
which  Sub)  ds  owe  to  their  King,  and  therefore  can  be  due  to  none  but  the  King, 

It  then  he  who  has  the  Legal  Right  may  not  be  our  King,  and  he  who  has  not>  may  ^ 
when  an  vfuch  Cafe  happens,  we  muft  pay  our  Allegiance  to  Ijim  who  isKing,  though 
without  a  Legal  Right  j  not  to  him  who  is  not  our  King,  though  it  his  the  Right  to  be  fot 
And  the  reafon  is  very  plain,  becaule  Allegiance  is  due  only  to  God's  Authority,  not  to 
a  bare  Legal  Title  without  God*s  Authority  j  and  therefore  muft  be  payed  to  him  who  is 
invefled  with  God*s  Authority,  who  ishis  Minifler  and  Lieutenant  j  that  is,  to  the 
Adual  King,  who  is  fettled  in  thcThrone,  and  has  the  Adminiftration  of  Government 
.    in  his  hands 

0bj5^   But  if  this  be  To,  what  does  a  Legal  Right  Hgnifie,  if  it  do  not  command  the  ' 
Allegiance  of  Subjeds? 

^w/jf,  lanfwer:  Itbarrsall  other  Human  Claims:  Noother  Ptince  can.  challenge 
the  Throne  of  Right:  and  Subjedsare  bound  to  maintain  the  Rights  offuch  a  Prince, 
asfar  as  they  can  j  that  is,  againft  all  Mankind,  but  not  againft  God's  difpofal  ot 
Crowns:  and  therefore  whenGod  transfers  the  Kingdom,  he  transfers  our  Allegiance, 
which  is  due,  and  anncxcdto  his  Authority,  whether  this  Awbomj  be  fQnvcj'cdby  a  Legal 
SuccefiiioB,  orfcy  aoyoihcrn«as3s. 


due  to  SoveretgnVowers,  &c  it 

0i;>5.  But  If  wehavefworn  Allegiance  tofuchaPrince,  and  his  Htirs,  andlawful 
SuccefTors,  how  can  we  pay  Al'eoianccto  any  otherPrince,  while  He,  or  any  of  his 
Heirs,  and  Legal  Succcifors 'arc  living,  and  claim  our  Allegiance,  without  violatingour 
Oaths? 

^nfiv.  lanfwer:  An  Oath  of  Allegiance  made  to  any  King,  can  oblige  no  longer 
than  he  contirucs  to  he  a  King  i  briMrdii^,  it  would  oblige  us  againfl:  our  Duty,  and 
fo  become  an  unlawful  Oarh :  for  our  Allegiance  is  due  to  him  who  is  King,  in  the  aftual 
and  fctlcd  pc  fleflion  of  the  Throne,  and  therefore  muft  by  the  Law  of  Gjdbepaid 
there;  and  chf^n  it  cannot  be  paid  to  the  difpofreflcd  Prince  ,  unlefs  we  can  have  two 
Allrgianccs:  Our  Oath  then  to  the  difpcflcded  Trince  ccafcs ,  Ctffante  materia  ^  for 
though  the  Man  is  in  Being  ftill,  the  Kingi' gone. 

Bur  we  fwear  to  mainrain  and  defend  his  Right,  and  the  Right  of  his  Heirs:  butyet 
we  do  not  fwear  to  keep  them  in  the  Throne,  which  may  be  impofliblc  for  usto  doa- 
gainft  a  profperous  Rebellion  j  nor  do  wc  fwear  in  Cafe  they  arc  thrown  out  of  the 
Throne,  never  to  fubmit  or  pay  Allegiance  to  any  other  Prince  \  which  would  be  an  un- 
iaw'ul  Oarh,  as  contrary  to  that  Duty  we  owe  to  the  Divine  Providence  in  making 
Kings,  and  removing  Kings.  The  Oath  of  Allegiance  contains  the  Duty  of  Sub/ccls 
to  their  King,  and  can  txrend  no  farther,  and  therefore  can  oblige  no  longer  than  he  i& 
OurKifig,  fn^wehis  Subjects. 

Thefe  feemtome,  to  be  very  plain  Trepoftiens  t  and  to  carry  their  own  Fvidence 
with  them;  and  if  this  be  true,  it  is  a  very  plain  Direftion  to  Subfeds  in  all  the  Revo- 
lutions of  Government. 

Themofl  thatcan  beexpeftcd  from  them  ,  according  to  the  ftrl£Veft  principles  of 
Loyalty  and  Obedience,  is  to  have  no  hand  in  fuch  Revolutions,  or  to  oppufe  thtm  as- 
fa.- as  they  can,  and  not  to  be  hafly  and  foreward  intheir  Compliances  ^j  but  when  fuch  a 
Bevolutir  n  ismade,  and  thev  cannot  help  it  j  they  muft  reverence  and  obey  their  New 
Prince,  asinvi'f^cd  with  God*s  Authority. 

Nor  is  it  very  hard  to  know,  when  our  Obedience  becomes  due  to  a  New  Prir^ce  ;  for 
If doesnotcopfift  in  a  Mathematical  point,  ncf  require  Mathematical  certainty:  Our 
Obedience  is  due  to  God's  Authority,  and  when  we  can  reafonably  conc'ude,  that  God 
hasmadehin-King  i  that  is,  when  the  Providence  of  God  has  fctlcd  him  in  the  Throne* 
we  muft  pay  our  Obedience  to  him* 

There  a.  e  different  degrees  of  Settlement,  and  muft  neccflari'y  be  in  fuch  new  Go- 
vernmenrs,  whichfeemtome  to  require  different  degrees  of  Submifflon,  or  at  leaft  to 
juftifie  f  hem, till  it  increafes  to  fuch  a  full  andplcnarv  and  fettled  pcflcfTion,as  requires  oue 
Allegiance,  as  being  notorioufi)  evident  and  fcnfible  to  all  that  do  not  wink  haid,  and 
will  not  fee  ir. 

If  the  generality  of  the  Nation  fubmit  to  fuch  a  Prince,  and  place  him  on  the  Throne, 
and  put  the  whole  power  of  the  Kingdom  into  his  hands,  though  it  may  be,  we  cah- 
oot yet  rhjnk  the  Providence  of  God  has  fettled  him  in  the  Throne,  while  thediPpofTcfled 
Prince  has  alfo  fuch  a  formidable  power,  as  makes  the  Event  very  dcubtful,  yet  if  we 
think  fitoconrinuein  the  Kingdom,  under  the  government  and  power  of  the  nev 
Prince,  tht-rc  are  feveral  Duties,  which  in  reafbn  we  ought  to  pay  him. 

As  to  hvc  quietly  and  peaceably  under  his  government,  andto  promife,  orfwear,  or 

give  any  other  fccuriry  that  we  will  do  fo,  if  it  be  demanded  :  Itisreafonable  we  fbcuM 

dofo,  if  wethinkitrcafonableto  live  under  this  protedion  of  the  government  j  this^ 

all  men  do  in  an  Enemies  quarters,  and  no  manbbmcs  them  for  it, 

-t.  Veixjuftp^y  Taxes  to  tbcHi,  foithcteor^dnttoibiAdmini^ratiottof  government. 


,2,  The  Cafe  of  tyillegtance 

ds  St.  fAvX  obfcrvcs ;  F^r  thU  catife  pay  ye  Tribute  alfo,  fat  they  dre  the  MmijierfofGed, 
attending  eontinually  on  thii  very  thing,  Rom.  i  ?.  6.  And  \{  we  owe  our  fccurc  poffeP- 
(Ion  of  our  Eftatcs  to  thcprotedion  of  a  govcrnmenr,  let  the  govcrnaaem  be  what  it 
will,  we  ought  to  pay  for  it. 

We  muft  give  the  Title  of  Kitig  to  fuch  a  Prince,  when  we  live  in  the  Country  where 
he  is  owned  for  King;  forbefidestharitisapiece  of  good  manners  (which  is  the  leaft 
thing  we  can  owe  to  him,  under  whofe  government  we  live)  he  is  indeed  King,  while 
be  adiuiniftersthe  Regal  power,  though  we  may  not  think  him  fo  well  fettled  in  his  go- 
vernment, as  to  all  intents  and  purpofcs  to  own  him  for  our  King. 

Nav,  wcmuft  pray  for  him  under  the  Name  and  Title  of  King,  for  we  are  bound  to 
pray  for  all  who  are  in  Authority  j  and  that  a  Prince  is,  who  has  the  whole  government 
inhishands,  and  has  power  to  do  a  great  deal  of  hurt,  or  a  great  deal  of  good  j  and  this 
isfo  far  from  beings  fault,  that  it  is  a  duty,  while  wc  take  care  to  do  it  in  fuch  terms, 
as  not  to  pray  againft  the  difpofTcflt^d  Prince. 

Thusfarl  think  rbcdoubtfulpolTcdion  of  the  Throne  obliges  us,  and  it  were  very  hap- 
py if  no  more  were  required  in  the  beginnings  of  fuch  a  new  government ;  but  when  be- 
fides  the  poffelTion  of  the  Throne,  thcpower  of  the  difpofTcfred  Prince  is  broken,  and  no 
Tiiibleprofpedofhisrecoveringhis  Throne  again  j  nay  if  itbc  vifiblethat  he  can  never 
recover  his  Throne  again,  bur  by  making  a  new  Conq  ucft  of  the  Nation  by  Foreigners, 
who  will  be  our  Mafteis,  if  they  Conquer,  and  no  very  gentle  ones  neither  j  wc  may 
tben  look  upon  the  new  Prinec  as  advanced  and  fettled  by  God  in  his  Throne,  and  there- 
fore fuch  a  K'ng,  as  we  owe  an  entire  Obedience  and  Allegiance  to. 

For  we  muft  not  take  the  confideration  of  Right  into  the  fettlement  of  Govcrnimcnt  jfor  i 
a  Prince  may  be  fettled  in  his  Throne  without  legal  Right,  and  when  he  is  fo,  God  has  \ 
made  him  our  King,  and  requires  our  Obedience. 

Thefe  principles  are  fo  very  ufeful,  efpecially  in  all  Revolutions  of  government,  that 
Subjefts have  great  reafon  to  wifh  them  true,  and  toexaminc  over  again  thefe  ftriA   j 
principles  of  Loyalty,  which  if  purfned  to  their  juft  confequences,  muft  unavoidably  in   | 
fome  Jandurcs,  facrifice  whole  Kingdoms,  at  leaft  all  Subjefts  who  pretend  to  this 
degree  and  kind  of  Loyalty  and  Confcicnce,  to  the  ill  Fortune  of  their  Prince. 


SECT.    IV. 

SotmTieafonntnd  Arguments  nrged,  and  objeHions  anfwered,fir  the  jmher  Conftma^ 
iion  of  this  DoBrine, 

THat  we  may  examine  this  more  impartially  and  more  fecurcly  xely  upon  the  Diftatcs 
ofReafon  in  this  matter,  lobfervc. 
I,  That  the  Scripture  has  given  us  no  Directions  in  this  Gafej  but  to  fubmit,  and  pay 
all  the  Obedience  of  Subjeds  to  the  prefent  powers,  it  makes  no  diftindion,  that  ever 
I  could  find,  between  rightful  Kings  and  Ufurpers.  between  Kings  whom  wc  muft,  and 
whom  wc  muft  not  obey  i  but  the  general  Rule  is.  Let  every  Soul  be  fubjeB  to  the  higher 
Voivers,  for  all  power  is  0/  God  the  lowers  that  be  are  ordained  of  God :  whof^ever 
therefore  reffleth  the  TotPer,  refilieththe  Ordinance  of  God,  and  they  that  reftH  /hallre-i 
feive  to  themfehes  damnation,  Rom.  i  M ,  2,  To  fay  the  ^poftle  here  fpeaks  of  law- 
ful powers,  is  gratis  diBum,  for  there  is  no  Evidence  of  it:  The  Criticifm  betwccrt 
l|»Wj6  and  ^M»w«f  willnotdoj  for  they  both  fignificih^  fame  thing  in  Scripture,  d. 
~  ibi^ 


due  to  Sovereign  Towers,  &c  i  j 

thfr  force  3hd  power,  or  authority;  Lk  \ya  tlnnm^-^oif^t  -Jsn  v^di t  infill  Hdt  ht 
brought  under  the  potPtT  of  any  thing,  mulKignific  force,  i  Coy.  6  i2.  and  IJ»dCu«;  muft 
fignifie  authority  and  dignity  ,  Efh»\.  zu  vo'i^xve*  ^oijy.s  ^^  .J^-,.  k.  i^ioia^ti^  ^u»  !fx,iA9 
t^  y-u^icrnl^^  which  are  feveral  names  and  degices  of  di^oicy  and  auciioncy,  asweilas 
power,     Kpe^^jCar  and  i^it^lxZ^Hi  fignifie  the  fame  thing,  the  exercifc  of  civil  aurho- 
thority and  power,   Luke  22,  25.  andtier:forc   eci  iianect  are  the  ei  ^%^rix.(^c^7ii, 
thole  who  exercifc  authority  and  dominion  j    the  ci  •c^^tKrij,  the  Rulers,  v.  3.  ths 
MiniftersojGod,  which  bear  the  Sword,  v.  4«     In  5t.  Pe^er,  the  Bic^.a^oV  and  ny^f 
fii,  theKing,  andhisGovernoursand  MagiilfatcS,  2  x^?.'f.- 2. 13, 14.     Nowthercmay 
be K-ings and Emperours  and  Rulers,  who  exercifc  civil  government  without  a  legal 
Title  to  it,  in  the  fenfeof  the  Objedors,  yet  St.?aul  has  made  no  Exception  againft 
tbemj  butif  they  be  the  Powers,  if  they  exercifc  the  Supreme  Authority  ,  they  are  of 
God,  and  are  the  Ordinance  of  God:  ioVTrxjx  el^strixis  yro'silartx^an  ;  which  evi- 
dently relates  to  the  Exercifc  of  Civil  Authority,  not  to  a  Legal  Right.  And  why  fhould 
wethink  the  ^/?o/?/e  here  intends  a  diftindion  unknown  to  Scripture:  had  there  beers 
any  fuch  Rule  before  given,  to  fubmit  to  lawful  powers,  but  not  tofubmittoHfurpers, 
there  had  been  fomeprctence  for  underftanding  St.  haul's  ^U power  of  all  legal  power  5 
but  there  being  nothing  like  this  any  where  clfe  in  Scripture,  it  he  had  intended  any  fuck 
dii\indion,  he  ought  tohavefaid  it  inexprefs  words,  or  clfe  no  body  could  reafbnably 
baveunderftood  him  to  intend  this  precept  of  fubjedion  to  the  higher  powers,  only  of 
powers  that  had  a  legal  Right.     For  then,  in  order  to  the  fulfilling  of  this  precept,  it 
would  be  neceflary  for  Subjcds  to  examine  the  Titles  of  Princes,  and  to  that  end  to  be 
wcllskili'dinthe  HjfloryandLawsof  a  Nation,  and  to  be  able  to  judge  between  a  pre- 
tended and  real  Right ,  and  to  know  exaftly  what  gives  a  real  Right  ,•     that  they 
may   know  to    whom  they   ought    to   pay   fubjcdion,    and  may    not   mifplace 
their  duty  in  fo  important  a  matter,     A.nd  let  any  man  judge  in  what  perplexi- 
ties this  fenfc   of  the  Apoftles  precept  would  involve  the    Confcicnces  of  men:  for 
thele  are  great  difputes  among  learned  men,  and  how  then  fhould  unlearned  men  un- 
derfland  them  J   And  1  caBnot  think  that  the  refolution  of  Confciencc,  in  fuch  matters 
as  a41  Mankind  arc  concerned  in ,  fhould  depend  upon  fuch  Niceties  as  learned  men  them- 
felves  cannot  agree  in.  Efpecially  if  we  confider  the  Cafe  of  the  Roman  Empire,  in  which, 
for  fo  many  Ages  together,  the  Titles  of  their  £raperours  were  either  all  of  themftaik 
■ought,  or  the  very  befl  of  them  very  doubtful.     And  yet  thisEpif^le  to  the  Romans 
was  written  to  the  Subjeds  of  that  Empire  to  direft  themin  the  pcint  of  fubjcclion  and 
obedience.  ThisI  take  to  be  little  lefs  than  a  dcmon(\ration,  that  this  precept  of  St.  ?aul 
cannot  be  undcrftood  only  ot  fubjeclion  to  powers  that  had  a  legal  Right. 

Befidesthis,  the  rcafon  the  Apoftle  gives  tor  fubmiflionto  the  higher  powers  is  not  a 
legal  Right,  but  the  Authority  of  God;  that  all  power  for  every  one,  wiio  exercifeth 
the  fupreme  power^  it  of  God,  ^nA  the  Ordinance  of  God,  which  feems  plainly  inrended 
to  wave  the  difputc  about  the  legality  of  the  powers,  whiek  was  the  Objection  of  the 
Vharifeet,  agalnft  fubmiflion  to  the  Rew/rw  power  j  and  an  Objcdion  which  no  body 
made  but  them fclves:  they  thouoht  they  were  not  bound  by  God  tofubmit  to  the  Rtf- 
»w«powers;  nay,  that  they  were  bound  by  the  Law  of  God  not  to  fabnit  to  them,  as 
being  unjufl  Ufurpations  upon  the  priviledges  and  liberties  of  God's  people,  and  there- 
fore the  ^poflle  tells  them,  that  all  Power  is  of  God ;  and  the  powers  that  be,  are  ordained 
of  God,  wherein  certainly  he  neverintendcd  tojuftifieall  theRo>w<t»Ufurpations,  orto 
vindicate  the  legality  of  their  power,  which  will  as  reafonablyjuftifie  all  the  Revolutions 
that  ever  were  in  the  world  i  but  toafTertthe  providence  of  God,  and  his  fupreme  au« 
thonty*  in  lunsfcwijjg  Kingdoms  and  JSmpites ,  in  removing  Kings,  aad  (crtingup 

•     F       '      '  '  Kings» 


1 4  ^he  Cafe  of  the  i^Hegiance 

Kings.  AnAwhenthc^^/>o/?/e  fays.  Ml  power  is  of  God,  tKere  is  no  reafoti  *fo  conffne 
this  to  all  legal  potvers,  unirf^  ir  were  evidently  the  Doftrine  of  Scripture  ,  that  ufnrped 
powers  are  n^t  of  G^d,  which  is  To  far  from  being  true,  that  the  contrary  is  cvi  lent ; 
that  the  moft  high  ruUth  in  the  kittgdo»i  of  men,  and  giveth  it  to  tphomfoever  he  will, 
JOany^.  y-j.  which  is  fpokc  with  retcrence  KoxVt  fo\AfUonafthiei,  which  were  all  as  ma 
niteil  Ururpations.as  ever  were  in  the  tvorld,  anJ  yet  fee  op  by  the  decree  and  counfel  of 
God,  andtorc-toldbya  prophetick  Spirit :  and  whoever  will  confine  the  power  and 
authority  of  God,  in  changing  Times  and  Seafons,  in  removing  Kings  andfetting  up  Kings, 
to  Humane  Laws,  ought  not  tobcdifputed  with. 

lotbisladd,  that  this  didinclion,  that  only  Legal,  not  Ufurped  Powers,  areof 
God,  bad  made  the  ^^o/?/ej  direction  fignific  nothing,  for  the  great  Queftion  had  been 
ftill  undetermined,  what  Powers  are  of  God,  and  what  Powers  they  muft  obey,  if  fomc 
Powers  be  ol  God,  and  fomc  not.  When  he  fays,  the  Powers  that  bes  had  he  confined 
thisto  the  then  pre fent  Powers,  it  would  have  dircfted  them  at  that  time,  but  had  been 
no  general  dircftion  to  Chriftians  in  other  Ages,  to  obey  the  prrfent  Powers,  and  then 
we  have  no  direftion  in  Scripture,  what  todoinfuchdifputed  Cafes,  unlefsby  a  parity 
o\  Reafon  $  and  if  we  muft  obey  (uch  powers,  as  the  Koman  Power  was,  1  know  very 
few  powers  that  we  may  not  obey ;  for  whatever  Legal  Right  the  Roman  £mperois  had, 
who  by  fear,  or  flattery,  or  other  any,  extorted  fome  kind  of  confent  from  the  5e»tf/r, 
it  is  plain,  the  Row<<«;  themfelvcs  were  great  Ufurpers,  and  had  no  other  Right  to  the 
greateft  part  of  their  £mpirc,  butConqu'cftandUfurpation. 

This  i'm  fuie,  the  only  diredion  of  Scripture  is  to  fubmit  to  thofe  who  are  in  Autho- 
rity, who  are  in  thcadual  admiaiftration  of  Government,  to  reverence  and  obey  them, 
to  pray  for  them,  to  pay  Tribute  to  them,  4i  God's  Minifiersy  attending  continually  upon, 
this  very  thing,  and  not  to  rcfiit  them  ',  but  there  is  not  the  leaft  notice  given  us  of  any 
kind  of  Du<yowingortobe  paid  to  a  Prince  out  of  Authority,  and  removed  from  the 
admifiiftrarsonof  Government,  whatever  his  Right  may  be:  We  have  no  Example  in 
Scripturej  thatanypeope  were  ever  beamed  for  fubmitting  to  the  prefent  powers,  what- 
ever the  nfurpation  were,  though  we  have  -Examples  of  their  being  condemned  for  re- 
fufing  to  fubmit  to  them  j  wUnefs  the  Prophefies  of  'Jeremiah,  and  the  Difcourfesof 
©ur  Sgviour  with  the  Scrihet  and  f  hart  fees  about  paying  Tribute  to  Ctefar. 

Our5avlour*s  Argument  relies  wholly  on  the  po&flion  of  power,  whoje  Image  ani 
Super  fcriptioH  hath  it  ?  And  if  this  be  a  good  Reafon,  it  is  good  in  all  other  cafes  j  that  wc 
muft  fubmit  to  all  Princes,  who  arc  pofrefTcdrfthe  Sovereign  power,  and  are  in  the 
full  admiaiftration  of  Government:  The  Prophet  Jfyciii/4i5>'s  Argument  is  Prophecy,  or 
an  exprefs  Command  from  God  to  fubmit/to  the  King  of  Babjlon-,  and  there  was  great 
reaion  for  an  cxprcfs  Command  from  Goyd'at  that  time,  becaufeGod  himfcif  had  entail, 
ed  the  Kingdom  upon  David's  Pofterity,  and  ;terefore  without  an  exprefs  Command 
from  God,  they  could  not  fubjcft  themfdves  t^  any  other  Prince,  while  any  of  that  Fa- 
mily were  living,  which  is  the  reafon  t^iffehoiada  theHtgh.Pricft  gives  for  depofing 
•^thaliah,  who  had  (Jfurped  the  Throne  for  fix  years,  and 'anointing  Joa/l  the  King's 
Son,  behold  the  King's  Son /hall  Reign,  m  the  Lord  hath  faid  oj  the  Sens  ofDdvidi  But 
where  God  has  made  no  entail  of  the  Crown,  but  the  entail  is  only  by  Humane  Laws, 
there  is  no  need  of  Prophecy  to  dirccl people  to  fubmit  to  any  new  Prince,  whom  God 
fct^  aver  them. 

f  or  we  muft  dbferve,  that  this  was  at  the  beginning  of  thtfiur  M^narchiei,  whicfc 

God  inrendcth  fucceffively  to  ereft,  to  whom  he  gave  the  Kingdoms  of  the  World,  not 

excepting  his  own  People  I/we/;  and  in  that  Command  be  gave  to  them  to  fubmit 

soibofcPoww,  twhkbwa$rcn€W€dbyChriaaiidlwApoftlcO  bas  wo^uU  Chri- 

-  itiaB»  : 


due  to  Sovereign  Towers,  &c,  \  ^ 


ftlanstodofo  too,  and  not  to  oppofe  any  Humane  Right  or  Intereft  againft  thcBlvinc 
vill  and  pleaTurc,  whcnir  is  fufficicntly  declared  bv  the  rvcntsot  Providence.  And  the 
hr(  pbccy  t>f 'he/oKrMowayc/j/ejis  nor  vttatanend  5  for  under  the  fourth  Monarchy  the 
Kinsjd<  m  1. 1  C/jrif/ wasto  befct  up,  and  ^wf/c/?)/^  was  to  appear,  andthc  iticreafe  and 
dcftrudiunottht  Kingdom  of  ^w//ffcr7/?  is  robe  accomplifVied  by  great  Chargts  and 
K<  volu  'onsin  Humane  Governments  ;  and  when  God  ha^dedared,  that  he  will  change 
Time?  and  Seafons,  remove  Kings,  and  feiup  Kings,  to  acconr.plifh  hisown  wife 
Counfe  s,  it  judifies  oUr  neci  (Tary,  and  thcref^  re  innoctnt  compliance  with  fuch  Revo- 
lutions, as  much  as  if  wc  were cxprefly  commanded  to  do  fo,  asthe  Je^.^x  ^erc  by  the 
Vrol>het  ]ereM  ah.  This  a  man  may  fay  without  Enthefiafm,  or  pretending  tounder- 
flandall  the  Prcphefie^ofthe  Kei;e/rf<iowy,  and  to  apply  them  to  their  particular  events, 
for  without  that  we  certainly  know,  that  all  the  great  Revolutions ot  the  World  are  in- 
tended by  God  to  ferve  thofe  great  ends -,  and  when  God  will  overturn  Kingdoms  and 
Empires,  remcvc  and  fet  up  Kings  ashe  fees  will  beftfervethe  accomplifliment  ofhis 
own  Gounfels  and  Decrees,  it  is  very  hard,i^  Subjcfts  muft  not  quietly  fubmit  to  fuch 
Revolutions:  Wc  muft  not  contrary  m  our  fworn  Duty  and  Allegiance  promote  fuch 
Kevo!utions,  upon  a  pretence  cffulfillingPr  phcfies,  but  when  they  are  made  and  fet- 
kd,  wc  ought  to  fubmit  to  them. 

Now  when  wc  have  no  diredVion  iti  Scripture  at  all  about  making  or  unmaking  ^ings, 
orrcftoringa  difpofleffcdPrincc  to  his  ^rone  again,  and  all  the  Commands  we  have 
in  5criprure  about  Obedience  and  SuFjedionto  Government,  manifcftly  rcfpeftthe 
prcfent  Ruling  Powers,  without  any  diftmftion  between  Rightful  or  Ufurped  powers, 
it  fcemsp'ainly  to  determine  this  Queftionon  the  fide  of  the  prcfent  Powers  j  at  leaft 
it  leaves  us  to  the  guidance  andconduft  of  Reafon  in  this  matter,  and  therefore  let  us  im- 
partially confidcr  what  Reafon  (ays. 

2,  lobfcrvc  then  in  the  next  place,  tbatthisgives  thecaficft  and  moft  iniclUgible  ac- 
count of  the  Original  of  Human  Government  ^  that  all  power  is  from  God,  who  is  the 
Sovereign  Lord  ohhe  World, 

This  has  been  a  very  pcrplextand  intricate  Difputebothin  Religion  and  Politicks^' 
md  men  have  zcaloufly  efpoufed  different  H^/ro/Af/r;,  as  they  have  had  different  ends 
to  ferve. 

The  matter  of  Faft,  how  Monarchies  firft  began,  and  what  was  the  Original  of  parti- 
cular Monarchies,  isvery  obfcure  for  wantof  Hif^ory,  which  is  the  only  way  to  know 
it :  Some  think,  all  power  was  origiaalfy  derived  from  Choice  and  Confent  of  the 
People:  Others  afcribc  it  to  the  Right  of  Conqueft,  which  they  think  without  more 
ado  confers  a  Right  of  Government  i  others  ihnk  Conqueft  gives  no  Right*  but  the 
Submiflion  of  the  conquered  peop'e,  or  the  long  continuance  of  fuch  an  Ufurpation  does; 
cfpecially  when  fuch  a  Government  defcends  from  Fsthcrto  Sort,  and  is  become  an  In- 
heritance, either  by  Prefcription,  or  Laws;  which  fome  men  think  then  fo  Sacred, 
that  they  muft  in  no  cafe  fubmit  to  any  other  Government,  while  any  Legal  Heir  to  the 
Crown  is  living,  and  makes  his  Claim. 

Nowl  think  there  is  no  doubt,  butfeveral  Governments  have  been  begun  allthefe 
waysj  bntftill  it  is  God,  whoby  his  Providence  advances  men  to  the  Throne,  and  in- 
Vefts  them  with  his  Authority  by  aJhhefe  ways;  for  the  Authority  is  Gods,  and  itishi* 
advancing  them  to  the  Throne  which  gives  them  this  Authority. 

It  fa  evident,  there  is  no  Natural  Authority,  but  the  Vattrnul  and  Vatftarth'tCMl  Au- 
thority j  and  that  Monarchies  were  erefted  upon  theruincsor  great  diminution  ofit^ 
und  whether  thi»  were  by  con&nt/ or  (asis  moft  probable)  byviolcm  Ufurpations,. 

9i 


1 6  The  Ca/e  of  the  Allegiance 

of  which  Nimrod  Cctms  to  have  fet  the  fir  ft  E  xample,  it  was  equally  unjuft ;  for  no  Au- 
thority isfo  Sacred,  as  what  is  Natural,  which  no  man  had  .Authority  to  give  away,  ox 
toUfurp:  But  by  this  means  God  crcdcd  Monarchies,  and  gave  bis  Authority  to  Men 
who  had  no  Authority  of  their  own. 

If  the  Choice  and  Confenr  of  the  people  makes  a  Prince,  then  no  man  is  a  Subjcft,  but 
be  who  confcnts  to  be  (o  j  for  the  Major  Vote  cannot  include  my  confent.unlefsi  pleafej 
tharisthceffeftofLaw,  and  Gompaft  or  Force,  not  of  Nature.  IfSubjcfts  givetheir 
Prince  Authority,  they  may  take  it  away  again,  if  they  pleafc  j  there  can  be  no  irrcfiftiblc 
Authority  derived  from  the  People,-  for  if  the  Authority  be  wholly  derived  from  them, 
who  fhall  hinder  them  from  taking  it  away,  when  they  fee  fir  ?  Upon  thefe  Principle?, 
there  can  be  no  Hereditary  Monarchy;  one  Generation  can  onlychoofe  for  themfelvcs, 
their  Pofterity  having  as  much  Right  to  choofe  as  they  had  ; 

IfConqucftgivcsa  Right,  then  Force,  themoft  unjuft  and  violent  Force,  is  Right  j 
and  then  every  man  by  the  fame  Rule,  whoisftrongerthanlam,  has  a  Natural  Right 
to  Govern  me. 

Submiflionisonly  a  forced  and  after-confent  not  tomakeaKing,  buttoown  him, 
-  who  hasmadchimfelf  King,  and  whom  very  often  we  would  dKown  and  rcjcd,  were 
it  fafe  to  do  fo;   and  what  Right  can  that  give  more  than  Force? 

The  continuance  of  an  Ufurpation  can  never  give  a  Right,  unlcfs  that  which  is  wrong 
^an  grow  right  by  continuance:  An  Ufurper  bylong  continuance  may  outJivc  thofe, 
who  formerly  wore  the  Crown  ;  but  does  it  give  Right  to  him,  who  has  none,  that  he 
out  lives  thofe,  who  hadthe  Right?  Forthoughno  Body  elfe  had  any  Right  tothc 
Crown,  how  does  this  make  him  a  Rightful  King,  who  has  no  R  ight  ? 

An  Herec/jV^tr-yR/^^/ is  either  a  continued  Ufurpation,  which  can  give  no  Right,  or 
a  Right  by  Law'i  thatis,  by  the  confenr  of  the  Pfcple to  entail  the  Crown  on  fuch  a  Fa- 
mily,  which,  as  I  obferved  before,  It  Right  be  rcfolvtd  into  he  Choice  and  Confcnt  of 
the  People,  cannot  be  done  j  for  what  Right  had  my  Anccftors  three  or  four  hundred 
years  ago,  tochoofeaKing  for  me - 

So  that  I  cannot  fee  where  to  (ix  the  Foundation  of  Government,  bnt  in  the  provi- 
dence of  God,  who  either  bv  the  choice^oftht  major  or  ftronger  part  of  the  people,  or 
byConquef^,  or  by  Submiflion,  and  the  long  fucceflive  continuance  of  power,  or  by 
liutTian  I  aws,  gives  a  Prince  and  his  F.innlypoflc{Iion  of  the  Throne,  which  isa  good 
Title  againft  all  Humane  Claims,  and  requires  the  Obedience  andSubmiflion  ofSub- 
jeAsaslongasGodispleafed  to  continue  him  and  his  Family  in  the  Throne  j  but  it  is 
no  Title  agvnft  God,  if  he  picafe  to  advance  another  Prince. 

TofavthatGodfctsupno  I'rince,  who  afcends  the  Throne  without  a  Human  and 
l.cgal  Right,  is  to  fay,  that  fome  Kings  arc  rcmoved,|and  others fct  up,  but  not  by  God; 
which  is  a  dirtd  comradiftion  to  Scripture  i  it  is  to  fay,  that  the  Four  Monarchies  were 
not  fet  up  bv  God,  bccaufe  they  all  began  by  Violence  and  Ufurpation  .•  It  is  to  fay.  That 
God,  as  well  as  men,  is  confined  by  Humane  Laws,  in  making  Kings;  Jtistofay, 
that  the  Right  of  Government  is  not  derived  from  God,  without  the  confcnt  of  the 
People;  for  ifGodca^i't  make  a  King  without  the  People,  or  againft  their  confentde- 
dared  by  (heir  Laws,  the  Authority  muft  be  derived  from  the  People,  not  from  God; 
or  at  leaft  if  it  be  God's  Authority,  yet  God  can*t  give  it  himfclf  without  the  People,  nor 
Othcrwife  than  as  they  have  dirtied  him  by  their  Laws. 

This  is  all  very  abfurd,  and  what  thofe  pcrfons  abhor  the  thoughts  of,  who  infiftfo 
much  upon  a  Legal  Right,  that  they  will  own  no  King,  who  alcends  the  Throne,  with- 
out it^  nor  believe  that  God  places  him  there  wirhouc  and  againft  a  Legal  Right:  but 

if 


duetoSovereignVowers,  &c.  i^ 

ifthcv  would  examine  themfclvet  for  what  Rcafon  they  believe  that  a  King  who  has  no 
Right  to  the  Throne,  is  not  fet  up  by  God,  andinvcfted  with  his  Authority,  they  will 
find.  That  it  muft  ultimately  rcfolvc  it  fclf  into  the  Authority  of  the  People  to  make 
Kings,  which  it  is  unjuft  for  God  himielf  to  over,  rule  and  alter  i  for  a  legal  Entail  is  no* 
thing  more  than  the  Authority  of  the  People  j  and  if  the  People  have  fuch  an  uncon* 
trouiable  Authority  in  making  Kings,  I  doubt  they  will  ehallenge  as  much  Authority 
to  unmake  them  too.  Itthefolc  Authority  of  Government  be  from  God,  and 
God  gives  this  Authority  only  by  placing  a  Prince  in  the  Throne,  then  by  whatcvec 
means  he  docs  it,  it  is  the  fame  thing.  When  fuch  a  Prince  is  fetled  in  the  Throne,  be 
is  God's  King  and  Minifter,  and  muft  be  Reverenced  and  Obeyeil  by  the  People  who 
live  under  hisGovernmmt  ^  thusit  muft  be,  if  all  Power  he  of  God 

But  there  arc  fcveral  Objcftions  againft  this,  which  muft  be  briefly  anfwered. 
I.  It  is  objedcd.  That  this  makes  a  Prince  lofe  his  Right  by  being  notorioufly  infurcd ;  Oij'eS 
for il a profpcrous  Ufurper  gets  into  ibeThiOnc,  and  fettles  himfcU  there,  God  has 
taken  away  his  Crown,  and  given  it  co  another  j  and  therefore  he  ought  not  to  attempt 
the  recovery  of  his  Throne  (nor  any  other  Prince  to  affift  him  in  it)  which  is  to  oppofc 
C^k],  and  to  challenge  that  which  he  has  no  longer  any  Right  to . 

1  anfwer.  By  no  means :  The  Providence  of  God  removes  Kings,  and  fet$  up  Kings,    ^  r 
but  alters  no  Legal  Rights,  nor  forbids  thofe  who  are  difpoirefTed  of  them,  to  recover      '""*" 
their  Right,  when  they  can.     While  fueh  a  Prince  is  in  the  Throne,  it  is  a  declaration  oC 
God*sWill,  that  he  fhall  Reign  for  fomc  time,  longer  orfhorter,  as  God  pieafcs^  and 
that  is  an  obligation  to  5ubje^s  to  fubmit  and  obey;  for  fubmiftion  is  owing  only  to 
Ood*s  Authority  ;  but  that  one  Prince  is  at  prefent  placed  in  the  Throne,  and  the  other 
removed  out  of  it,  docs  not  prove,  that  it  isGod*$  Will  it  fhould  always  be  fo,  and  there- 
fore  docs  not  diveft  the  difpofTcft  Prince  of  his  Legal  Right  and  Claimj  nor  forbid  biiu 
CO  endeavour  to  recover  his  Throne,  nor  forbid  thofe  who  are  under  no  obligation  to  Ac 
Prince  in  poffcflion,  to  affift  the  difpoflefled  Prince  to  recover  his  Legal  Right ;  A  Le«al 
and  Succefllve  Right  is  the  ordinary  way  whereby  the  Providence  of  God  advances  Princei 
to  any  Hereditary  Throne :  And  this  bars  all  other  humane  Claims ;  but  yet  God  may 
■|ve  the  Throne  to  another,  if  hepleafesi  and  this  docs  not  deftroy  the  legal  Right  of 
tte  difpcflcflcd  Prince,  nor  hinder  him  from  claiming  it,  when  he  finds  his  opportunity. 
But  it  may  perhaps  be  farther  faid.  If  the  dipofteffed  Prince  may  ftillhave  the  legal 
Rigjit  and  Claim  to  the  Crown,  and  he  who  is  pofTcfTcd  of  the  Crown,  may  have  none. 
It  it  not  very  unjuft  in  Subjefts  to  pay  Allegiance  to  him  who  is  poflTcdcd  of^thc  Throne 
Without  Right,  and  to  withdraw  their  Allegiancefromhimwho  has  the  Right/  Is  not 
ibis  to  juftific  and  fupportlnjuftice  and  Violence,  and  to  opprefs  opprcflcd  Innocence 
md  Ri^t  ••  And  can  the  Providence  of  God  make  that  our  Duty,  which  is  fo  manifeft. 
Sj  unjait  and  wicked } 

1  anfwer }  To  deny  any  man,  much  more  a  Prince,  what  is  his  juft  Right,  andwhidi 
I  am  bound  to  give  him,  if  certainly  very  unjuft,  and  that  which  the  Providence  of  God 
an  never  juftifie ;  but  then  we  muft  confider.  What  the  Prince's  Right  is ;  and.  What 
is  the  Duty  of  Subjefts  j  and.  When  Subjcfts  may  be  faid  to  deny  their  Prince's  Right. 

TheRightof  the  Prince  is  to  adminifter  the  Government  of  the  Nation;  the  Duty  of 
S«b)eas  is  to  fubmit  to  his  Government,  and  obey  his  Laws,  when  he  does  aftually  ad- 
Winiftcr  the  Government  i  and  thofe  who  do  not  refufe  to  obey  him  when  he  governf, 
deny  him  no  Right  that  ihcy  owe  him  j  for  there  »$  no  Duty  5ubjcfts  owe  to  Princes,  as 
Subieas,  but  to  obey  them  i  Mdioiiovbcyj  when  ihcy  don't  and  can'i  Govern,  I? 
todcnycioKig^t. 


if  theCaJe  ofKjillegiance 

T«,  you*!  fay.  The  pofleflion  of  the  Crown,  anc}tbea£lual  Admlnlftratiofl  of  Go« 
vcrnment,  is  his  Blight  i  aivi  i^  wc  own  any  other  Governing  Power,  wc  deny  hitn 
rhat  Right,         ' '  , 

ianfwcr,  ^uppofe  he  have  a  Legal  Right  to  Govern,  but  can*t^  Obedience  l«  not 
his  night ;  and  thertforc  lo  pay  my  Obedience  to  thofc  who  do  Govern ,  is  no  denial  of 
his  Legal  Right }  but  a  dtte  Submiflion  to  the  Providence  of  God,  who  hatha  Right 
fuperiour  to  all  Humane  Rights,  in  the  difpofal  of  Crowns  and  Kingdoms. 

The  Duty  of  Siibjcfts  as  Aich,  is  ro  obey  their  Prince,  and  fubaiic  to  him  whilfthc 
governs,  and  is  in  poilcflion  of  the  Throne:  But  tiien  Kings  muft  take  fonnc  care  alfo 
to  prefcrvc  their  Crowns  by  good  Government  \  and  it  they  will  run  the  hazard  of  their 
Crowns,  thofeofthcir  Subjcds  are  certainly  not  to  be  blamed  by  fuchs  Prince,  wbodid 
nothing  to  take  his  Crown  from  him. 

But  fomeit  m;iy  be  will  fay.  That  fueh  Subjefts  are  bound  <vea  in  fucha  cafe  to 
maintain  and  defend  their  King  in  his    hrone. 

I  am  not  fo  veryfurc  of  that;  but  this  I  am  (lire  of.  That  whenever  People  havct 

food  King,  it  is  both  their  Duty  andlntereft  to  defend  him;  and  if  they  be  nor  milled 
y  the  Cunning  and  Artifice  of  ill  men  ,  they  will  ccruinly  do  fo.  But  if  they  have  a 
Very  bad  one,  thatnotorioufly  violates  their  Rights,  and  breaks  the  Conftitutiun  upon 
which  himfe'fftands,  and  fti  ikes  at  the  dearefl  things  they  have,  their  Religion  cftabHlh- 
cdby  Law,  and  their  Properties,  I  doubt  the  cafe  may  be  altered  j  and  though  every 
body  will  notfpeak  it  out,  yet  moil  may  fay  in  their  hearts.  Let  him  go,  if  he  cannot 
defend  himfelf.  It  is  enough  in  conCcience  patiently  to  bear  fo  bad  a  Prince,  but  a  little 
too  m'lch  to  venture  their  Lives  and  Fortunes  to  keep  him  in  the  Throne  to  opprcfs  them; 
this  is  agaitift  Reafon  and  Nature,  anii  I  know  no  Law  of  God  which  requires  it :  A  Sub* 
iecl,  andaSouldier ,  toObey  a  Prince*  and  to  Fight  for  him.  arc  two  things;  and  to 
beaSubiedofanyPrince,  does  not  cither  by  the  Laws  of  God  or  Man»  necedarilf 
makehitiia  Souldier. 

Bat  have  we  not  fworn  to  the  King,  his  Hcifs  and  Lawful  Succeflbrt,  to  defend  and 
snaimain  his  Perfon,  Crown,  and  Dignity!  And  are  wc  not  bound  by  this  Oath  ^ 

J  anfwer,  i  I  grant  i  t  is  fo ;  but  theti  wc  nn.ud  diftinguifh  two  parts  in  this  Oath  i 
1.  The  Natural  Duty  of  Subjt^^s,  which  is  Faith  and  true  Allegiance,  or  Obedience  and 
SubmifTion  to  the  Government  of  the  King.  a.  That  Duty  and  Obligation  which  if 
fuperinduced  by  Law,  to'maintain  and  de^ad  the  King's  Right  to  the  Crown,  and  alt 
the  Dignities  and  Prerogatives  of  it«  which  is  novcnadc  a  |»art,  not  of  our  MatiiraU 
but  Legal  Allegiance. 

The  reafon  ofthe  thing  te>ls  us,That  this  is  itot  an  Arbitrary , but  real  Diftiflftlpn ;  and 
then,  tho*our  Natural  and  Legal  Allegiance  be  both  included  in  the  ^me  Oath,  chef 
arc  of  a  didind  Confldcration. 

Natural  Allegiance,  or  Obedience  and  Subfc£lion  to  Gof  ernment,  ts  doc  to  the  King, 
confidered  in  the  adua' Adminiftration  of  Government,  and  nootherwtfc,  becaufeic 
can  be  paid  only  to  the  Regnant  Prince ;  and  it  is  dsue  to  all  Kings,  who  arc  fctlcd  id  the 
Government  ?  for  it  is  due  to  Govcrnmcnt,and  for  that  reafon,to  the  Prince  who  governs^ 
Legal  Allegiance,  or  Maintenance  and  Defence,  is  due  only  hy  Law,  and  therefore 
can  oblige  no  farther  thati  Humane  Laws  do,  which  muft  always  give  way  to  the  Lawi 
of  God;  and  therefore  Natural  Allegiance  (in  cafe  of  a  Competition)  vacates  the  Ob. 
ligation  of  Legal  Allegiance  and  Oaths  ^  as  the  Laws  of  God  and  Mature  muft  take 
place  of  all  humane  pofitivc  Laws  and  Oaths.  If  then  I  have  fworn  to  maintain  and 
defend mjf  King,  who  bai  a  Legal .Ki^t  to  tbc  Throne*  whatever iimcam  bythi» 


Due  to^overeignTowers,  Sec, 

Maintf  nancf  and  DcfcRcc,  i1  he  happen  to  be  difpcfTciTed  of  his  Throne,  and  another 
Prince  placed  there,  whom,  in  Reverence  to  the  Authority  of  God,  1  am  to  obey,  and 
fubmitto,  without  Rtfiftancej  lam  abfolvcd  from  my  Legal  Allegiance  to  maintain 
and  defend  my  cjcftcd  Prince,  becaufc  1  cannot  do  it  without  violating  that  Allegiance, 
vhichby  he  Lawsot  God  i  owe  to  the  Regnant  Prince  i  for  1  cannot  defend  the  di(- 
poiTeffcd  Prince,  whom  I  have  fworn  to  defend,  without  oppofing  and  rcfifting  the 
Regnant  Prince,  whom  by  the  Laws  of  God  1  am  bound  to  obey. 

2.  This  Legal  Allegiance,  orMaimenance  and  Vejence,  is  Sworn  only  to  a  King  in 
PoflffTion,  andfign  ficsnomore,  than  to  maintain  and  defend  him  in  the  PofTcfTionof 
the  Throne,  as  hAving  a  Legal  Right  to  it :  Wc  can  legally  take  this  Oath  only  to  a  King, 
wboisinP^^flclTion,  for  it  muft  be  aw^miniftied  by  his  Authority  5  andihc  Obligationof 
Oaths  muft  nor  be  cx-endcd  beyond  the  neccffary  Signification  of  Words  i  now  to  main- 
tain and  defen  -i  the  King's  Perfon,  Crown ,  and  Dignity ,  and  to  rcftore  him  to  his  Throne 
whcnheis  difp  fllfTed,  are  two  very  different  things;  and  therefore  he,  who  Swears 
to  maintain  and  defend,  is  not  by  venue  of  that  Oath  oWdged  to  ref^orcj  while  a 
Prince  ison  the  Throne. Suljfftsaie  in  acapacity  to  defend  and  prefervc  him  there  ;  ani 
therefore  may  oblidgc  thcmfelvc?  to  ir,  and  there  maybe  Reafons  why  this  ftiouMbt 
exa^cd  from  iheno ,  but  in  ordinary  Cafes,  if  they  cannot  defend  the  KinginpoHeflion, 
there  is  little  likelihood  tbey  fhouldbe  able  to  reflorchimj  and  therefore  no  reafon« 
that  Subjefts  fliould  bind  themfelvesby  fuch  an  Oath. 

To  venture  our  Lives  and  Fortunes  to  prcferve  the  Kings  Perfon  and  Government, 
while  he  is  in  Poflcfnon,  is  reafonabic  encugh ;  becaufe  it  is  a  real  Service  to  our  King  ani 
Country,  to  prevent  uninftUfurpations,  which  overturn  the  Government,  and  often 
anfettle  or  dcftrov  the  Laws,  and  with  them  the  Rights  and  Liberties  of  Subjcfts,  as  well 
astheXightoftheKing;  butto5wcar  todoouroutmoft  toreftore  theKing,  when  be 
isdifpofl.ficd.istoSwearnevertofubmittoufurpedPowers,  but  to  take  all  Opportuni- 
ties to  overthrow  fuch  Governments  to  reftore  our  King,  which  is  contrary  to  our  Duty» 
when  God  removes  one  King,  and  feti  up  another;  which  expofes  our  Lives  and  For- 
tunstoruin,  when  we  cannot  ferve  our  King  by  it  $  which  provokes  fuch  new  Powers, 
if  they  be  not  more  mercifu',  to  fecure  t  hemfelves  by  rooting  out  fuch  fworn  Enemies  to 
cheir  Government  s  and  then  the  Confecfuenee  of  this  Oath,  is.  That  if  our  King  be 
driven  outofthe  Land,  we  will  follow  him  into  Banifhment,  or  venture  being  hanged 
•tbome;  that  we  will  dif^urb  all  G  wcmments,  and  raife  Rebellions,  and  Civil  Wars,. 
ifwecan.  toreftore  our  King  tho*  with  the  utter  Ruin  and  Deftruftion  of  the  Nation. 
I  believe  fhould  all  this  be  exprefled  in  an  Oath,  there  is  no  man  in  his  wits  would  take  it» 
for  the  fake  of  the  beft  Prince  that  ever  fway'd  a  Scepter ;  and  how  unrcafonable  then  if 
4t,to  expound  an  Oath  to  fuch  a  Senfcasno  Man  would  have  taken  it  in,  had  it  been  e«- 
preflcd?  However,  it  appears,  that  there  is  fuch  a  va ft  difference  between  iMimr««/«^ 
#«<lrfe/e»<I/Kj^ a  Regnant  Prince,  and  refioring  a  difpoflTcfTcd  Prince,  that  to  reftore  is 
Hot  ncccffarilv  indu^^ed  iamiUHtaittmg. 

Buc  we  Swear  not  only  to  the  King,  but  to  his  Hcire,  and  Lawful  SHCceflTors,  who 
•rcnotin  Aftuil  PofTeflion;  and  therefore  that  muft  fignifie  togivc  them  Pofleftion  1 
Right  *  if  the  King  die  poffeft  of  the  Crown,  we  Swear-to  maintain  the  Succeftion,  and 
to  own  the  true  Heir  for  our  King ;  but  if  the  King  be  driven  out  of  Pofleflion,  and  his 
Hetrt  with  him,  and  another  Prince  poflcfled  of  the  Throne,  this  Oath  can  no  more 
oblidgc  us  to (et  the  Baaiftied  Heir  upon  the  Throne^than  to  rcftore  the  Banirhcd  King. 

But  by  (wearing  to  the  Heirs,  and  Legal  or  Lawjul  5u(cejp>rs,wc  Swear  not  to  own  Of 
ftfb^t  toatif  fiinct,  who  is  Dot  tU  L^l  He'ur.  That  i  ^eny  ;  wc  Swear ,  if  you  plcafe, 

aoJt 


%Q  T*^  Ca/i  of  the  Allegiance 

not  to  make  it  our  Aft,  not  to  fct  op  any  Prince,  who  is  not  the  right  Heifj  and  irc 
Swcartooirn  the  right  Heir,  it  hcgets  Poffcffionj  but  wc  do  not  Swear  nottofub- 
niit  to  any  Prince,  who  gets  into  Poffcin  on,  and  is  fettled  in  the  Throne  without  a  Legal 
Right  i  the  words  fignific  no  fuch  thing,  no  more  than  Maintaining  and  Defending, 
fignifics  Reftoring, 

}.  I  obfcrve  farther.  That  th!§  Maintenance  and  Defence,  which  wc  Swear,  ofthc 
Ring's  Perfon  and  Crown,  is  only  a  Legal  Maintenmcc  and  Defence  j  for  the  Law  will 
oocjuftifie,  much  lefs  does  it  command  any  illegal  Defence }  and  therefore  a  Legal 
Oath  can  oblidgc  us  only  to  a  Legal  Defence. 

This  is  true,  with  reference  to  the  C««/*e  j  for  we  arc  not  bound  to  defend  the  King 
againftLaw,  or  when  he  Subverts  the  Laws,  and  Liberties,  and  the  Le.:al  EftablifVied 
Religion  of  the  Kingdom,  by  Illegal  Methods.  A  Sovereign  Prince  rauft  not  be  reCfted 
by  force,  nor  muft  he  be  affiited  and  defended  againft  Law  i  for  tho*  the  King  be  unac- 
countable, ycthisMiniftasandlnftrumemsarenotj  ani  no  man  is  bound  to  ferveoc 
defend  the  King  in  that,  for  which  by  the  Law  of  the  Land  he  may  be  hanged  for  a 
Tray  tor  j  and  this  in  a  limited  Monarchy,  fets  Bounds  to  Sovereign  Power;  forunlefs 
Sublets  will  betray  their  own  Liberties,  and  venture  to  be  hanged  for  it,  fuch  a  Prince 
cannot  hurt  them  i  and  chelate  Revolution  teaches  us,  ( and  all  Princes  ought  to  take 
warning  by.  it .)  how  eafily  a  Prince  is  ruined,  when  he  has  forfeited  the  AfFeftions,  and 
the  Legal  Defence  of  his  iubjefts,  by  the  £xercifc  of  an  Illegal  and  Arbitrary  powers 
and  if  the  Oath  of  Allegiance  does  not  oblidge  Subjefts  to  defend  a  Prince  in  the  £xercifc 
©fan  Arbitrary  power  ,•  1  think,  it  much  lefsoblidges  them  to  rcftorc  fucb  a  ^rinccj  and 
ilrbitrary  power  with  him. 

But  that  which  I  mean  by  a  Legal  Defence,  f  let  the  Caufe  be  what  it  will)  isfuch 
a  Defence,  asiheLawiequiresall  Subjefts  to  give  their  King;  for  a  Legal  Oath  caa 
fcquire  no  other  Defence  than  the  Law  requires. 

Now  the  only  Legal  Defence,  wherein  all  5ubjcfts  are  concern'd,  is  either  the  Mi/iiid, 
or  the  Voi^t  Co»i//4liM,which  are  in  the  power  of  the  ilcgnant  Pi  incc^and  cannot  defend  a 
f  rifice  who  is  out  of  Poflcflfion  ;  and  therefore,  if  t  his  Oath  me«n9  only  a  Legal  Defence, 
it  muft  he  confined  to  the  King  while  he  is  in  Poflfeflion,  and  has  the  power  of  the  King- 
dom in  hishands.j  for  I  cannot  defend  a  DifpofTcflcd  Prince  by  fervingin  the  Militia,  of 
Woffe  Comitatus,  which  is  al  wayes  in  the  power  of  the  Regnant  Prince. 

Buta  Princemay  raiCe an  ^rmjr  for  his  Defence,  befidesthe  Militidof  the  Countrfi 
and  this  he  may  do,  when  he  is  out  of  Po0efnon,  and  Loyal  SubjcAs  ought  chcarfiilif 
Co  fcrye  him  in  it. 

Kow  htre  is  a  great  queftion,  which  I  am  not  Lawyer  enough  to  decide  i  Whether  a 
Commiflion  granted  b)  a  King  out  of  Pofleilion.  be  a  Legal  Commiflioni  but  be  that 
iiow  it  will,  i  am  fure,  there  is  no  Law  that  requires  all  Subjects  to  receive  Commif- 
lionsfrom  the  King,  tho*he  beinpofiHIionofthe  Government,  nor  to  lift  themfeivei 
^Souldiersinhis  Army)  and  therefore  this  is  no  part  of  that  Lrgal^  Defence^which  w< 
Swear.  All  that  Legal  Defence  which  we  fwear  to  the  King,  can  be  paid  only  to  the  Kins 
in  Poflcffion,  and  what  we  have  not  Sworn,  wc  are  not  bound  to  by  the  Oath  of 
Allegiance*  which  is  the  only  thing  wc  are  now  enquiring  after.  This  the  whole  Ha» 
tion,  both  pcince  and  people  have,  fufiiciently  acknowledccd,  by  making  and  receif- 
ingAddrefTesof  hives  dnd  fortunes,  whichisfkppofedio  iignifiefomc  otfier  Defence 
chan  the  Oath  of  Allegiance  oblidgcd  them  to  }  and  therefore,  were  not  of  the  mind  of 
Chofe  Men,  who  think  their  Sworn  Allegiance  binds  them  to  rcftore  the  Kii)g<  when  Di(- 
fpodcllbd  ot  bif  Thioae»  at  the  eipcacc  «f  tbdr  iivci  and  fiotiuaxu 


duetoSovereig7iVowers,  &c.  %t 

4.  It  is  worth  confidcring  alio.  That  the  Oarhof  Allegiance  is  a  National  Oath,  and 
therefore  the  c^efencc  or  mainterance  we  fwtar,  is  National,  that  is,  to  join  with  our 
Fellow. fubjcds in  dciendingihcKirgs  pcifcn  and  Crcwn  :  For  (irg'e  ^ubjcds  caianot 
dothisby  thcrTiiVlves,  and  "the  way  to  cbl.g<;  them  all,  istoimpofe  a  National  Oath  to 
be  taken  b)  all  Subjcd?. 

Now  fuch  Oaths  oblige  every  particulare  Man  to  do  no  injury  to  the  Kings  Pcrfcn  or 
Crown,  nottoeDterintoPlotsandConfpiradesagainft  him  ,  and  as  for  adual  dcftncc, 
chearlullyto  venruiehis  Life  and  Fommes  with  his  Fellow- .Subjt^s  to  prefcivc  the  King. 
Buc  in  cafe  the  great  Body  of  the  Nation  abfolve  thenr.klvcs  from  thtfe  Oaths,  andde- 
pofe  their  King,  anddriv<:him  cut  of  his  Kingdom,  and  fet  up  another  Prince  in  his 
room,  it  is  worth  con(id^r;ng,  Whether  feme  private  men,  it  may  be  but  a  little  hand- 
ful, are  ftill  bound  by  their  Oath,  to  make  fume  weak  and  dangerous  attempts,  and  to 
fight  for  their  King  againft  their  Countrcy,  certainly  this  was  not  the  intention  of  the 
Oath,  for  it  isaNatioi^al,  not  a  private  Defence,  we  fwear ;  and  therefore  a  general 
revolt  of  a  Nation,  thoughitfhould  be  wicked  and  unjuftifiable,  yerirfeemsto  excufc 
thofe,  who  had  neither  band  nor  he?rt  in  it,  Uom  their  fworn  defence  of  the  King's 
Pcrfon,  and  Crown,  2nd  to  make  tiieir  complianc*!  with  the  National  Govermrenr  in- 
nocent and  neccilary.  For  an  Oath  to  fight  for  the  King,  does  not  obli  le  us  to  fi^ht  a- 
gainfVourCountrv,  which  is  as  unnatural ,  as  to  fighr  againf\  our  Kii^g.  1  he  (urn  is 
thisi  God,  when  he  fees  fir,  can  remove  Kings,  or  fct  up  Kings,  with^  ur  any  regard  to 
humane  Right,  as  being  the  Sovereign  Lord  of  the  World,  who  rules  in  the  Kingdcms 
o\  Men,  andgiveth  thf m  to  whomfoevcr  he  will:  but  Subjccls  in  fetting  up,  or  re- 
moving Kings,  miufl  have  regard  to  Legal  Right;  andifthey  ^u'l  down  a  rightful  King, 
and  fet^'up  a  Kin2  without  Kiohr,  (un'ds  the  Conflitutionof  the  Government  infome 
Cafes fbould  allow  it)  srcatly  fin  in  it,  efpecially  when  they  have  fwoin  the  de'enccci 
the  Legal  Right,  and  Legal  Succedion  :  butthe  Duty  and  AlKg'anceof  Sulj  dsdoes 
not immediatly  refpcft  Right,  butthe  aftual  adminiftration  oT  Goveinment;  when 
there  is  a  fettled  Government  in  a  Nation  :  for  that  is  God's  Authority,  which  mufl  be 
obeyed  :  no  mian  wufl  fwear  away  this,  no  more  than  any  other  part  of  his  Duty ;  and 
no  man  doth  fwear  away  this  by  the  Oath  of  Allegiance,  as  I  have  already  fhewn. 

But  ii  will  be  farther  objrfted,  That  if  this  Dcdrine  do  not  take  awsy  the  Legal  ^^-^^^ 
Right,  yet  it  makes  it  impoffible  for  fuch  an  injur'd  Prince  to  recover  hi-  Right,  when  all 
hi«Subje£ls  have  fworn  Allegiance  to  a  new  Prince,  and  therefore  can  no  longer  aflift 
him. 

lanfwer;  This  may  be  called  ad  fficulty  In  Providence,  if  you  pVafe,  but  it  '^"0    ^^r^.^^ 
•  difficulty  to  the  Subjeft,  if  he  purfue  his  Duty  in  it,  unlefsa  paftionateafFcaicnfor  the       ^ 
-dilpodeffed  Trince  make  it  a  difficulty  f  but  fuch  a  misfortune  as  this,  can  rarely  happen 
to  a  bebvcd  Prince  ;  and  when  SubjeiVs  are  overpowered  by  force,  and  can  neither  de- 
fend themfelves,  nor  their  Prince,  there  is  no  remedy  left  but  to  yield  to  neccflity,  and 
leave  every  thing  elfe  to  the  Divine  Providence. 

The  Divine  Providence  has  ways  and  methods  of  removing , Kings,  and  fcrting  up 
Kings,  which  we  are  notawaicof,  norccnctrncd  toknr  w,  becaufcitisnopart  of  ouc 
duty:  No  man  could  have  forcfeen,  how  C^  H.  fhould  hrve  returned,  who  had  a 
powerful  Army  againft  him  ;  or  Jtf.  IT.  be  driven  cut  of  hisKihgdc.m,  attheHeadofa 
powerful  Army,  without  fhedding  of  blood.  All  ihc  Plots  and  Con''p:raciesof  the 
Loyal  party  were  vain,  and  had  no  other  cfFcft,  but  to  bring  foroe  worthy  and  gallant 
Men  to  an  unhappy  end  j  but  what  they  could  not  do,  Cod  did  without  tbcmj  and  all 
(ttcb  Cafes  we  mu^  leave  to  God . 


The  Cafe  of  {Allegiance  , 

Butdoes not thisencouragedaringand ambitious. Spirltstognrp  at  Crowns  and  in- 
vade their  Naghbours,  when  they  know  that  Succefsglves  them  Sovereign  Authority, 
and  obliges  Subjeds,  not withftanding  all  former  Oaths/' to  pay  all  Duty  and  AUcoiance 

.  Ambitious  and  daring  Spirits  need  no  other  encouragement  but  Power  toorafp  at 
Crowns;  and  if  they  havctbis,  they  value  no  move:  promife  them  but  ^uccefs .  and 
they  will  try,  whether  Subjeds  will  obey  or  not.  I  dare  fay,  fuch  rmen  never  took  it  in. 
to  confidcration,  whetherSubjeds  would  think  themfdvcs  bound  in  Confciencetoobey 
them,  m  cafe  they  prevailed  i  they  feldom  trouble  themfeives  about  Confcience,  but 
truft  to  other  Arguments  to  fccure  their  Thrones,  when  they  have  once  <^otten  them. 
And  ifthey  take  this  Dodrine  all  together,  as  they  muft  do,  if  they  entourage  their 
i^mbirion,  by  Reafon  and  Principles,  itwillgiveno  encouragement  to  Ambitious  Spi- 
rits wjtnout  a  great  dofe  of  Entliufufm:  Forif  the  Kingdoms  of  the  World  be  difpofed 
by  G  Jd ,  and  no  Art  or  Power  can  place  any  Prince  on  the  Thronc,but  by  God's  appoin^. 
mcnr,urjcs  they  can  flatter  themfelves,  that  God  hasordain'dthcmtobe  KinPs,  it  will 
check  ail  their  ambitious  Attempts,  whichG  )d  can  fo  eafily  defeat. 

ButifthisDodrine  fhould  prove  inconvenient  to  Princes,  and  dangerous  totheic 
Thronesj  I  am  furetfie  contrary  Dodrine  is  much  m^re  dangerous  toSubirds,  when 
anyfuch2ievoIut!onhippens5  foritfacrif^ccs  them  to  the  rage  and  fury  of  Conquering 
and  Reigning  Princes,  when  they  are  obliged  by  Principles  of  Gonfcience  tooppofeand 
dilown  their  Government,  which  icis  folly  to  think  any  Prince  will  cndurej  and  thouoh 
IhaveasgreatareverencefcrPrincesasanyman.  Ido  not  think  che  Rightand  Intercf^ 
of  any  i  ruicc  fo  confiderable,  as  the  Safety  and  Prcfervationof  a  Nation,  and  the  Lives 
and  Fortunes  of  all  his  Subjeds. 

In  a  word.  The  Objedorsdo  not  thinklt  a  fufKcient  Confutation  of  the  Dodrine  of 
Non-r.Mance.  and  Pafllve  Obedience,  to  fay.  That  this  puts  it  into  the  King's  power, 
to  invade  the  Laws  and  Liberties,  the  Lives  and  Fortunes,  of  hisoubkdsat  plcafurej 
and  y<^^  there  !S  moredanger  of  this  from  an  Ambitiousand  Arbitrary  Prince,  than  there 
IS,  that  the  Dcdlrine  of  Obedience  and  SubmifTion  to  the  GoveminF  Powers,  fhould 
encourage  Amb.tionsSptiits  to  invade  their  Neighbours  Thrones ;  ""the  Divine  Provi. 
dencc  takes  care  of  all  fuch  extraordinary  Cafes,  and  there  we  mufl  leave  them. 

Buthave  not  Pyrates  and  Robbers  as  good  a  Titleto  my  Purfe,  asanUfurperhas  to 
the  Crown,  wbichhefcizesby  as  manifeft  force  and  violence-^  Does  not  the  Providence 
ot  God  order  and  difpofe  all  thefe  events  \  And  are  we  not  bound  then  asmuchtofub- 
mit  to  Pyrars,  as  to  Ofurpers  ? 

The  difpute  is  not  about  humane  and  legal  Right  in  either  Cafe,  butabout  Authoritv, 
which  IS tne only  reafon  of  a  confvientious  fubjedion,-  now  no  Man  pretends,  that 
Thieves  and  Pyrates  have  God's  Authority,  to  which  we  mufl  fubmit ;  but  the  Scripture 
exprefly  tells  us,  That  Kingdoms  are  difpofed  by  God  j  Thatall  Poweris  of  God/and 
there.ore  when  any  Prirce,  by  what  un^ufl  means  foever,  with  refped  to  Men,  .s  placed 
in  thelhrone.  and  feiled  there.  He  is  advanced  by  God.  is  God's  Ordinance,  God's 
Minitter,  and  mafl  be  obeyed  for  Gonfcience  f.kc :  And  therefore  the  outrages  of  Thieves 
and  Pyrats  arc  very  impertinently  alledged  in  this  Caufe.  They  have  force  and  violence, 
which  every  Man  muft  fubmit  to,  when  he  cannot  help  it  j  but  Sovereign  Power  is 
Gods  Authority,  though  Princes  may  be  advanced  to  it  by  no  honefter  means,  than 
Ihieves  rake  a  Purfe,  or  break  open  my  Houfe,  and  take  my  Money,  or  Goods.  The 
beginnings  of  thf  four  Monarchies  were  no  better,  and  yet  their  Power  was  God's. 

iiut  did  not  Jehojadtt  the  High-prieft  anoint  Jaajb  the  King's  Son,  and  dcpofc  and  ki'l 


oHhe  SuHrftf  squired  the  Allegiance  and  fidelity  and  Obedience  '-  - 

fulHe^4'!'c1aimm?^rf7'K''T:'""''''l"  •''■■''  Thatwhen.he  Lesal  and  Right.  M". 
u    "^'."-f  "•^")  P""'f'^'J  of  his  Throne,   Sub  .fts  may  return  to  their  Allesiance   and 

Procbit^^e'^leLr".  t"  "a"  ■"Z^?'""  "^  "'"^P" '  ^-  ^""-^  --  firit  alint        ,d 
prockimeu,  More  ntiy  onca.rreda  fi„geraa,aintt  .^,6^/,„6:  Novt^thisis  arcrydiffe- 

rret'rea:";:^!?Se:"'"""^^'"^'^'''"^^^ 

on^he^noftel^o^rv^^^'l'  forGodhitufelf  had  entailed  theKingdoniot  ^.iah 

U(u,i...r    whenthe.k.ngsSonwasfound,  towhom  the'Kinodom  did  belono  bv  a  Di- 
v,neema,l;  =nd  bvth.s     ,A,;W.  iuft:fi«  what  he  did,  BeioW,  tU  KJrTonMl 

byanexprefsdecUtattonotniS  Will,  and  nomination  of  the  Perfon,  or  Family     that 
^r!  ceofSod-:chX'r''^'''"?'°"?°f  ■^"'''•*)  S"''i«'>^  -'  bound  to  adhere  to'  the 

K^nas    anden^  HsVe  SnJ^  ''"V"  °'''"  ^'"8^<""^  ■  ''here  God  makes 

Kings,  and  entalsthe  Crown,  not  by  exprefsnominstior.r  but  by  his  Providence    the- 

'     B,«  fn;  linZr         J'^T  '°  •""■'',  ^' '°  Ciod's  Ordinance  and  Min.fter. 

rod      nL,Vr  ^     ^   n'  l*"'  ^"?'-<ii''S  to  thefe  Priric.ples,  ail  Kings  are  (et  up  by 

rlf:  lfjrl^.A?^    r^''T  '^'"'^''^  """^'"8  Kings  w'thout  him,  HofeaVl  °^^^' 

Tti^eTf  w^;: '^orr irorth^^  nt^;rf^fuplTL'lr '"^'^  ^^p"^''^" '-r''' ^ 

hi,^(-ei?Kin°  wS"A^*"  '"'^r''''  '"^°  "^^  ^'"'''*''''  S°" of  .Te»4,.«,  and  made 
^m      fvlLT.t  °   .'?PJ'''"°™'"'"<'"  3nd  appointtnent,    and  vet  God  tells 

throth/rk-  nl       k"'°''*'^"^'  «rf».</.,i^e  Pr,-„«  o^ermy  P  ./-/e  iy«e/.     And  a 
moreth  n^7;A"wa7"'"°'"r'T'.^>.'^°'''  "or  anoinfed  by^n;  Prophet,  no 
more  than  Baa/^a  was,  were  yet  fet  up  by  God  as  he  was 

'pltetc^rhem  o"^,  m    r  a'd  here^'ls^n  thV^'"?'  '"'hfr^'  '''"': 

Nrminll„=  K  '^^f^'^at  Line  was  cut  off.  tohave  confclted  God,  and  re«iv  d  te 
Line,  andTeA«-s    werVrmoff      1  ^'  but  inftead  of  that,  when    JerchamS 

bv  hi  Prophets  thlv  fub^-?,  ; ,"''°»'"'  ''■^  °"lv  Kingsna,r,ed  by  God  and  anointed 
a  area,  fauU  fn  a  Prl^T  '"  '7'  7^°  "'''" """  'hemfeives  over  them .-  This  was 
■bv  hev  ellororthTftT     f*;'^  immediateGovernmentof  Godi  for  bere- 

and 


I  Kings, 
tells  15.  i74 

l6.    2> 


24  ^^^  Cafe  of  the  Allegiance 

and  charged  with  ft  as  a  great  Crime,  it  being  in  effcd,  a  renouncing  their  prcroga: 
tive,  or  being  God's  peculiar  People.  r       t> 

^  3.  Tojuftify  this  Dodrine  of  Obedience  and  Allegiance  to  the  prefent  Powers,  there 
IS  an  Argument,  which  IknowfomcMen  will  not  lilce,  but  muft  be  a  good  Argument 
tothok  ttrhomoftfcruplethe  new  Oath;  v\\.  That  it  is  founded  on  the  lam?  Prin. 
cipiewiththcDottnneofNo«-re/?y?<f»ceandp*</^t;e-0^rJie«ce,  and  therefore  both  muft 
be  true,  orbothfalfe;  for  it  is  founded  on  this  Principle,  That  God  makes  Kings,  and 
invefts  them  with  his  Authority;  which  equally  proves.  That  all  Kings,  who  have  re- 
ceived a  Sovereign  Authority  from  God,  and  are  in  the  equal  Adminiftrationof  it  f  which 
IS  the  only  evidence  we  have  that  they  have  received  it  from  God  ;  muft  be  obeyed,,  and 
muftnot  be  refilt^d.  Set  afidethis  principle,  That  all  Soveraign  Princes  receive  their 
Authority  from  God,  and  1  grant  that  Non-rcfiftance  is  nonfcnfe  j  forthere  is  no  other 
irrefiftible  Authority,  but  that  of  God.  if  God  have  given  a  Sovereign  Authority  to 
them,  they  are  immediately  his  Miniftcrs,  and  unaccountable  to  their  5ubjeds  i  but  if 
theyreceivetheir  Authority  from  Men,  and  humnn  Laws,  I  cannot  imagine,  that  their 
Power  is  5sny  mote  than  a  Trrft,  of  which  they  muft  give  aiHccount  to  thofe  who  have 
cntrufteJ  them  with  it,  according  to  thofe  Laws,  by  which  they  were  entruftcd  to  exer- 
cifd  that  Powc:r ;  for  whether  there  be  any  cxprefs  provifion  made  in  the  Law  to  call 
them  to  an  account  or  not,  the  nature  of  the  thing  proves,  that  if  they  receive  their 
Power  from  Men,  ihfy  are  accountable  to  them  j  tor  thofe  who  give  Power,  may  take 
an  account  of  the  ufe  and  abufe  of  it. 
"•^3'  I  am  fure  St  P<?«/,  who  moftexprefly  teaches  this  Dofbrineof  Non-refiftance,.  joyn 
thefe  two  together.  Obedience  to  the  prefent  Powers,  and  Non  refiftance,  and  deduces 
them  both  from  the  fame  Principle,  That  ail  Power  is  of  God  j  le/  tvtry  foul  be  fubje^ 
to  ike  hightr  lowers,  for  ail  Slower  is  of  Gods  thePowers  that  be^  are  ordained  of  God  y 
he  therejore  that  re{i(ieih  the  ?ower,  refijleth  the  ordinance  of  God, and  they  that  refijl,fhall 
receive  to  themfehes  Damnation. 

And  Bp.  Overal's  Convocation  Bookt  which  is  lately  publillied,  the  principal  dcdgft 
of  which  ig  to  alTert  the  irrefiftible  Authority  ot  Sovereign  Princes,  does  as  plainly  afTert 
this  too,  That  all  fetledGovernmentSj  whatevertheir  beginnings  were,  have  Gods  Au- 
thority, and  muft  be  obyed  ;  of  which,  more  above;  Forthofe  wife  Men,  who  fate  in 
that  Convocatiotty  plainly  faw  the  neceflary  connexion  between  Non-refiftance,  and 
Obedience,  to  the  prefent  Powers  -,  both  which  were  equally  refolved  into  the  Authority 
®fGod,  in  removing  Kings,  and  fetting  up  Kings.  Sothat  Obedience  and  Allegiance 
to  the  prefent  Powers,  when  they  are  once  well  fetlcd  among  us,  is  fo  far  from  being  a 
renouncing  of  the  Dodrine  of  Non.refiftancc  and  Paflive- obedience,  that  thofe  who  re- 
fufe  to  comply,  muft  renounce  the  only  Principle  whereon  that  Dodrine  is  rcafonably 
founded,  and  confequentially  renounce  the  Dodrine  it  felf. 

4/^/j,  To  fay.  That  when  the  Divine^providence  has  removed  one  King,  anlfetup 
another,  wemuft  not  own  this  new  Prince,  nor  pay  the  Du^y  ofSubjedsto  him,  if  he 
have  no  Legal  Rioht,  is  to  deny  God's  Authority  to  remove  Kings,  or  to  fet  up  Kings 
againft  Human  Law  5  for  he  cannot  make  a  King,  if  he  cannot  oblige  us  to  obey  him  5 
fior  can  he  remove  a  King,  ifhc  cannot  difcharge  us  from  our  Allegiance  to  him  j  and 
thofeareboldMen  who  wiU  venture  to  fay,  in  plain  contradidlon  to  Scripture,  that 
God  cannot  remove  or  fet  up  Kings. 

ithly.  Nay  this  limits  the  providence  of  God,  in  governing  Kings,  and  protcdlng  In- 
nocent and  Irjjurcd  5ubjefts:  We  fay,  the  punifhment  of  Sovereign  Princes,  who  arc 
ttiuccountable  to  their  Subjcfts,  is  peculiar  tpGod,  who  is  the  King  of  Kings  j  and 

thus 


dueioSovereignTowers.hc,  xj 

thus  wc  ant w€r  the  Objcaionsagainft  Non-Rcfiftance,  That  if  Princes  abufc  their  power 
God  will  punifh  them  for  it,  and  deliver  their  opprcflcd  Subjcds  j  but  it  fcems  God  has 
noway  to  do  this,  but  either  to  turn  their  hearts,  orto  take  them  out  of  the  World,  fot 
he  cannot  remove  them  from  the  Throne :;  or  if  he  does,  the  Subjtas  are  never  the  betten 
for  it}  for  they  muf^  not  own  any  other  Prince,  though  he  would  be  never  fo  kind  to 
them ;  but  muft  bring  new  calamities  upon  themfelves  by  an  obftinate  adhering  to  their 
old  Prince,  and  provoking  the  new  one:  This  feems  very  hard,  that  when  God  has 
aaually  dtlivercd  us,  we  muft  rctufe  our  deliverancej  that  we  will  not  allow  God  to  deli- 
ver us.unlcfshedoitby  LavjasHGodwereasmuchconfinedtohnman  Laws,  as  Men 
are;  It  is  enough,  methinks,  it  weiufl'cr  patiently,  without  violating  thcLaws  to  deliver  our 
felves.;  but  let  God  who  is  above  all  human  Laws,  deliver  us  what  way  he  pkafc. 

kthiy.  That  which  isftil!  morcconfiderablc,  is  the  neceflity  of  Government  to  prc- 
Icrve  human  Societies  j  for  human  Societies  mufl  nor  difTolveinto  a  Aio^,orMr./^oAi»'s 
ftate  of  Nature,   becaufe  the  Legal  Princehaslcft  his  Throne,  and  can  no  longer  govern.  ^«.Vf'»''^ 
BifhopS4»(ier/o«  tells  us.  That  the  cndofCivil  Government,  and  of  that    Obedience  ««'"'/««'«- 
which  isdue  to  it,  is  the  Safety  and  Tranquility  of  Human  Societies  j  and  therefore ///-'%£^I 
whatever  i^ncceHary  and  ufcful  to  this  end,  becomes  cm  Dutyj  for  the  End  prefcribes  ^m'^fi^  ,4- 
the  Means.  tmus   fitri 

opertet^  tn  qumtHm  ei  fini  eonfe^uendo  nectjfarium  vel  utile  videiitur.  CivVis  autem  regiminUy  ejnsque  cjti*  'pfi  ^''' 
bita  eft  obedience,   finueft,  human*  Socetatii  falw  &  trAnejutllitM    De  Oblig.  Confc.  lisl.   5.  Scftjl9. 

And  therefore  this  Great  Man,  snd  the  mo(\  Zealous  loja///?^,  do  own  it  Lawful  for 
Subjeftstopay  fome  kind  of  Submiflion,  and  Compliance,  to  LTurped  Powers.  Let 
us  then  examine  what  it  is  they  allow,  and  whctherit  anfwcrs  the  great  End,  which  gives 
Law  in  all  thefe  Cafes,  The  fafety  and  tranquility  of  Human  Societies. 

They  grant  then,  that  we  may  obey  the  Laws  of  fucb  a  Prince,  who   has  no  Right  ibid.  Se«. 
or  Authority  to  make  them,  if  they  contain  nothing  which  is  finful  (  which  is  an  excep-  ^^»  'T'  ^^' 
lion  againllall  Laws,  whatever  Prince  makes  them  )  and  may  defend  our  Countrey  *^' 
againf^aForrcignEnemy,  may  adminifterjuftice  to  reward  the  good,  and  puniOi  the 
wicked,   and  prefervc  the  Trade  and  Commerce  of  the  Nation:  But  then  we  muft 
have  no  regard  to  the  Authority  of  the  Prince,  nor  of  his  Laws ;  for  he  has  no  Authority 
and  his  Laws  do  not  oblige  the  Confcience  ',  but  we  may  thus  far  comply  to  preferve  our 
felves,  our  Lives,  and  Fortunes,  andEftates,  and  for  the  good  of  the  Community,  ancj 
out  of  gratitude  to  the  Reigning  Prince  for  his  proteftion,  and  the  many  Bleffinas  the? 
enjoy  under  his  Government ;  though  a  late  "^ titer  thinks  this  gratitude  a  little  too  much, 
and  not  owing  to  an  \3[uTp,r-,  which  feems  ftrange^  fori  will  thank  any  man.  and      ' 
makegreatlul  Returns  too  of  hiskindncfs,  whohaspower  (  whateverhis  Authority  be) 
to  dome  hurt,  and  does  me  none,  but  a  great  deal  of  good  lam  forry.  Loyalty,  whicli 
i«  a  very  great  Vertuei  fhould  put  men  out  of  conceit  withany  kind  or  inftances  of  Grati- 
tude J  which  1  thmk  is  not  a  lefs  Vertue  than  that.    But  tho*  1  greatly  reverence  the  pro- 
found Judgement  of  Bi  (hop  5«»</er/ow,  I  cannot  be  of  his  mind  in  this  point;  iftheSafc- 
ty  and  Tranquility  of  Human  Societies  requires  any  thing  of  us.  it  both  requires  and  iufti- 
lies  a  great  deal  more.  *  ' 

^  i^or  I.  As  he  flates  the  matter,  this  deflroyes  Civil  Government,  and  a  governed  So- 
ciety, for  hereis  neither  King,  norSubjeft.  no  Authority  to  Command,  nor  Duty  to 
Obeyi  an'dJifuppofenoMan.  who  confidersit  well,  will  call  this  a  Civil  Gwern- 
mcflt,  or  a  Civil  Society,  to  which  Authority  and  Obedience  isEifcntial:  He  would 
have  a  Civil  Society  preferved,  this  is  the  fundamental  Law  of  all  j  but  he  will  allow  na 
Auibofitytofupportit,  which  «  as  vain  a  defign,  as  to  rdolvc  to  maimain  the  Super- 


i6  T/-?^  Qafe  of  the  tyilkglame 

i%uaiire,l3uttotakeawaythcFoundation.  1  htPnnc.  governs  by  force  without  Au, 
f^^^^^^^y^!^-l^^o.^^o.^^^,,  withoufafcnrc  of  Duty,  which  may 
hft  as  long  as  the  Prmc.  has  pov.er    or  the  Su  bjea.  are  in  good  Humour,  and  no  iont! 


maniociencs,  we  rnuft  concliide,  that  ^^hen  he  removes  oneKingourbfthe  Thronfl 
hegiveshis  Authonty  tohim  whomhe  places  there,-  for  withbut\utlt6rtty,  Human 
5ocK:tiesmuftd)sband;  Po^er  may  tye  them  together  a  while,  but  can  ntver  unite  them 
mto  a  Qvii  Body,  without  the  Bands  and  Ligaments  of  Duty  and  Confcienee. 

2  For  1  would  ask.  Whetncr  the  care  of  my  own  prcfeivation,  and  the  publick  Duty; 
and  Qrantude  to  the  Government  formy  Proteftion,  do  oblige  me  in  Confcienee  to 
obey  and  fubmit  to  the  Government,  and  the  Prince  who  Gavtrns,  and  to  wifli  and 
pray  for,  and  do  my  utmoU  to  endeavour  their  Profperity  >  if  it  does.  1  fee  no  difference 
between  this  and  Allegiance  j  and  what  I  am  bound  in  Confcienee  to  do,  I  m:w  fwearto 
do  5  Ifitdoes  not,  then  i  am  at  Liberty  to  difturb  the  Government,   notwithftandin^ 

;??,^«fr!  '  when  lean;  nay,  am  under  Obligation  by  my  Alkgiance  to  the  Dif. 
poflcfled  Prince,  to  do  it  when  i  can  j  and  how  does  this  contribute  to  the  Safety  and 
Tranquility  or  Human  Societies? 

3.  Suppofc  then  the  Governmem  docs  not  think  its  felffafe,  to  leave  all  McnatLibcr. 
ty  to  difturb  ,t  when  they  pleafe,  and  whenthcvhavea  promifing  opportunity  to  do  it, 
but  Ihould  require  an  Oath  of  Fidelity  from  them,  which,  we  fee,  is  the  univerfal 
pra  dice  ot  all  Governments  5  what  (liall  Subjras  do  in  this  Cafe  ? 

According  to  thefe  Principles,  no^ubjed  when  his  Rightful  Prince,  to  whom  he 
owed,  or  to  whom  he  had  fworn  Allegiance  f  which  the  Bifhop  makes  the  fame  Cafe  > 
isdifpolIeiT::',  ought  rofwear  Fic^dity  and  Allegiance  to  any  other  Prince  ;  and  now, 
thenletusfuppofe,  that  they  all  did  their  Duty,  andrefufcd  this  Oath,  a.nd  the  Prince 
bad  power  enough  to  compel  them  •  what  muft  be  the  efFea  of  this,  but  the  utter*  Ruin 
and  Deftrudlionofthe  Nation?  The  Land,  indeed,  would  remain  as  it  was,  and  where 
it  was,  for  that  can't  be  removed;  but  the  People  of  it  muft  either  be  deftroycd,  orim- 
prifoned,  or  trini planted  into  fomeForreign  Countries,  as  wasformerly  praftifcdintbc 
^d/?f»'«Conquefts,  witnefs  the  Tf»  Trfc,''who  were  carried  away  Captive,  and  the 
Countrcy  new  Peopled,  andisnotthisa Diflolurionof  Human  Society^  Andihhepre- 
fervation  of  Human  Society,  be  the  great  ultimate  end  of  Government,  and  will  juftify 
what  it  makes  neceffary,  nothing  can  be  a  Duty,  which  if  univerfaily  obferved,  muft 
unavoidably  in  all  fuch  Revolutions  of  Government,  dcftroy  Human  SpcieUes* 

For  to  fa) ,  That  it  can  never  be  fuppofed,  that  all,  or  the  greateft  pgirt  o^  a;iy  ICing*. 
dom  in  fuch  Revolutions  will  adhcre^o  their  Duty,  and  obftinately  refufc  to  fwear  Alle- 
giance to  a  new  Prince,  and  that  is  fufficicnt  to  prefervc  the  Nation,  tho'  fome  tew  cod- 
fcientious  people  fuffei  by  it,  doesnot  alter  the  Cafe  j  forftili,  accord }ng  to  thefe  Prin- 
ciples, Humane  Societies  in  fuch  Revolutions  cannot  be  preferved  without  Sin  j  for  if 
allmendid  their  Duty,  they  muft  all  be  deftroycd:  Now  Ibelieveit  w.ill  b.phardtoper- 
fwadeany  confideringM.cn.that,  that  which  in  fuch  Cafes  is.nccefTary  to  p^ffcrve  a  Na- 
tion,jsa  Sin;  and  that  which  will  infallibly  dcftroy  it,  isa  Duty  and  Vcrtuc  iif  we  allow 
the  fafctyand  prefervation  of  Humane  Societes,  to  be  the  great  Lawjof all. 

4.  I  obferve  farther,  that  as  caun'ousas  the  Bifhop  is.  That  w^  fhoujd  pay  Obedience 
to  Ufurped  Powers,  without  owning  their  Authority;  yet  he  is  forced  to  allow  us  to  do 
fech  things  fgf  t[ie  publick  Gogd,  as  cawigt  be  done  without  owning  the  Auihority  i  as 


7)ue  toSovereignTowers,  &c.  ij 


the  Defence  of  our  Country  againft  a  Forreign  Enemyi  and  the  Admlniftration  of  publick 
Jufticc;  foi  this  muft  be  done  by  CommilTion  from  the  King,  and,  1  fuppofc,  to  take 
a  Ccmirirtion  from  him,  owns  his  Authority,  and  owns  it  to  be  a  good  Authority  j  for 
ifthey  hang  any  Man  either  by  Military  Difcipline,  or  Civil  Jufticc,  and  have  not  good 
Authority  tor  it,  they  arc  Murderers  The  truth  is,  to  cxercifeali  the  Afts  of  Civil  Go- 
vernment, which  are  necclTary  for  the  Community,  without  owning  the  Authority  of 
the  Prince,  in  whofc  Name,  and  by  whofe  Authority  all  is  tranfa^lcd,  is  a  Riddle  to  nie> 
ifwemufthotownthe  Authoiity  of  the  Prince,  we  truft  do  nothing  by  his  Authority: 
and  then  Civil  Government  in  fuch  Cafes  muftceafe,  and  Humane  6'ocicricsdiflolve.  So 
that  the  prefcrvarion  of  Humane  Societies  dees  of  neccfluy  force  us  to  own  the  Authori- 
ty, even  ot  U/«y/?ei  Powers ;  and  if  the  prercrvation  o\  Humane  Societies  be  the  end  of 
Civil Goveinmcnr,  and  thercafon  of  that  Obedience  which  wc  owe  to  Government,  as 
the  r/y?jo/>aflcrtsj  then  when  an  obftinate  Allegiance  to  the  Difpoflcded  Prince  rr.uft 
dKTolve  Civil  G'overnmenr,  the  reafon  of  that  Allegiance  ceafes  j  and  therefore  that  Al- 
legiance muft  be  at  an  end  j  and  when  AllegianeetoOfurped  Powers,  is  ncccflary  tothe 
prcfrrvaticnof  the  Society,  it  muft  become  a  Duty. 

5.  The  B/7^oj7refolvcs  all  this  into  the  prefumed  Confcnt  of  the  ejected  Prince,  that 
hisSubjcds  Qiould  rather  confulc  their  own  fa^rty  by  a  modcft  compliance  with  the  pre-  ^^'  ^^^ 
icnr  Powers,  than  bring  certain  Ruin  upon  tbcmfelvcs  by  an  unfeafonable  Oppofition;  ^^' 
Now  the' 1  con'efs,  1  lay  no  ftrcfsupona  prefumed  Ccnfent  j  yet  if  wc  will  prcfume, 
we  Hiould  prcfume  all  that  is  reafonable,  that  is,  all  that  is  neccflary  for  the  prefervation 
of  his  Subjects,  when  he  can  govern  them,  and  prottft  them  nolcnj^crj  and  then  wc 
may  prcfume  his  Confcnt  to  Oaths  of  Allegiance  and  Fidelity,  when  rh=s  LsncctlTary  to 
their  prefervation  j  and  1  can  very  eafily  picfumc,  that  Princes  think  thfsa  kfs  fc^ult,  than 
lome  Subj'disdo,  they  know  what  they  thcmd  Ives  expect  from  Subjeds,  where  they 
have  Power,  whatever  their  Right  be,  and  therefore  cannot  complain  of  their  vSubjcds, 
i(  they  pay  it  to  another  Prince,  in  whofe  Power  they  arcj  this  i:.  the  pradice  of  the 
whole>jrorld,  and  Princes  know  it;  and  may  asreafonably  beprtfumed  toallowit,  a» 
3ny  other  Ad  of  Obedience  and.Subjedion  to  Ufurpcd  Powers.  Andtho*  i  will  not 
med^ile  with  that  Queftion,  Whether  a  King's  leaving  his  Kingdom  in  a  great  Frighf> 
without  anyone  to  Govern  and  Proted  his  Subjcds,  be  to  al' intents  and  purpoft;s  an 
Abdication  of  the  Government  ?  Yetone  may  reafonably  prefume,that  aKingwhofor- 
fakes  his  Kingdom  to  confuli  his  own  Safety,  will  give  his  Subjcd§  leave  to  confuk  theirsj. 
if  this  wi'l  juftify  a  King  to  favc  himfelf  by  leaving  his  Kingdom ;  why  will  it  not  juftify 
Subjtds,  when  their  King  has  left  rhem,  to  fubmit  and  comply  with  the  prevailing 
Powers,  asfar  as  isneccftary  toprefervethemfelves  ?  That  iS;  even  by  Oathsof  Alle- 
giance, if  that  be  neccfliry  :  Self  p-cfervationisas  much  a  Law  to  5uS|eds,  as  to  the 
Princes  and  he  is  as  much  fworn  ro  Govern  and  Proted  hisSubjcds,  as  they  are  to 
Obey  and  Defend  him ;  anj  if  the  necefHties  of  Self-prefervation  abfolve  him  from  his 
Oath  o'  governing  and  prote-ding  his  People  5  I  dt  fiie  tolcnow,  why  the  fame  necefli- 
ty  will  not  abfolve  Suhjcds  from  thirir  Oaths  to  their  Prince?  Protedion  and  Allegiance 
are  not  io  reciprocal,  as  to  be  the  neccflary  Conditions  of  each  other;,  that  if  a  Prince 
violate  his  Oath  of  Governing  bv  Law,  andinftead  of  PiOted'ngdoes  Opprefs  his  Sub- ' 
Jeds,  Subjt'ds^re  then  freed  fronuheir  Oath  of  Allegiance,  and  may  take  Arms  againft 
their  Prince;  tor  tho' Protedion  and  Defence  are  the  Duties  of  Relatives,  ola  Prince 
and  his  Subjcds  5  yet  they  arc  not  necefTarily  fuch  Relative  Duties,  as  that  neither  of 
them  can  be  performed  unlcfs  both  be.  %  Prince  may  govern  by  Law,  andprotcdlhis 
SttbjeAs  j  *Hd  yet  in  Fa^  they  deny  their  Allegiance  to  him  j  and  Sub  jeds  may  pay  theiir 


x3  The  Cafe  of  the  Allegiance 


Allegiance  to  their  Prince  when  he  Oppreffes  them  ,  thefe  Duties  'may  be  diftin^lljr  and 
feparatelyobfeivcd,  and  therefore  do  not  in  their  own  Nature,  cither  infer  or  deftroy 
each  other.  But  Government  and  Allegiance  are  fuch  Relatives,  zsdomutunfe^onere  ct* 
tollerci  the  one  cannot  fubfift  without  the  other:  if  the  Prince  can't  Govern,  theSub- 
jcft  can't  Obey  i  and  therefore;  as  far  as  he  quits  his  Government,  he  quits  their  Allegi- 
ance, and  Icaveshis5ubje£lsas  he  does  his  Crown,  to  be  pofTcfled  by  another,  and  mud 
recover  them  both  together.  He  may  have  a  Legal  Right  to  both,  but  he  cannot  aftu« 
ally  have  the  5ubjcds  Allegiance  without  the  Crown  j  nor  can  f<ubjcfts  pay  him  their  Al- 
legiance, without  his  being  reft  ored  to  the  Pofltllion  of  his  Throne,  no  more  than  they 
canobey,  when  he  can't  command  ;  orfubmit,  whcnhehasno  Power  to  govern  ;  or 
defend  his  Pcrfon  and  Crown,  when  he  has  withdrawn  his  Pcifon,  and  leh  his  Crown. 
This  Is  as  certain  as  any  propofition  in  I-ogicA  j  and  to  extend  Allegiance  beyond  the 
Aftual  Adminiftration  or  Govetnmtut,  is  to  prcferve  a  Ke/ui/rr  without  hs  Comlate 
for  when  one  o(  the  Relatives  is  loft,  theRe/<t/<o»is  deftroyed,  andnothingbut  theMc- 
mory  of  it  left, 

6ihh\  Thefe  Principlesanfwer  all  the  cn^s  of  Government,  both  for  the  fecurity  of 
the  Prince  and  Subje;ts,  and  that  is  a  good  Argument  to  believe  them  true. 

A  Prince  who  is  in  Poftcffion,  is  fccured  in  Poffcftion  by  them,  (as  far  as  any  Principles 
canfccurehim)  againft  all  Attempts  of  hisSubJcds,  who  muft  reverence  Gods  Autbo* 
rityinhim;  and  fubmit  to  him  without  Befiftince,  though  they  are  ill  ufed. 

They  will  not  indeed  ferve  t  he  Revolutions  of  Government,  to  remove  one  King,  and 
fetupanother,  andif  they  would.  Princes  might  be  jealous  of  them;  for  whatever 
Service  they  might  do  them  at  one  turn,  they  might  do  them  as  great  Diflervice  atano. 
tbcr :  The  Revolutions  of  Government  are  not  the  5ub)cfl:s  Duty, but  Gods  Prerogative  5 
and  therefore  it  is  not  likely  that  he  has  prefcribed  any  certain  Rules  or  Methods  for  the 
overturning  and  changing  Government,  which  he  keeps  in  his  own  hands,  and  which 
when  he  fees  fit  to  do  it,  heneverwants  ways  and  means  of  doing. 

But  when  any  Prince  is  fetled  in  the  Throne,  by  what  means  foever  it  be ,  thefe  PrinJ 
ciplcs  put  an  end  to  all  difputes  of  Right  and  Title,  and  bind  his  Subjefts  to  him  by  Duty 
and  Conlcience,  and  a  reverence  of  God's  Authority ;;  which  is  the  fafteft  hold  he  can 
|)oflibly  have  of  them  ;  for  thofe  whom  Religion  will  not  bind,  nothing  but  Force  can. 

And  therefore  thefe  are  the  only  Principles  which  in  fuch  Revolutions  can  makeGo- 
Ternment  eafic  both  to  Prince  and  People ;  anc  if  Government  muft  be  prefcrved  in  all 
devolutions,  thefe  arc  the  beft  Principles  which  are  moft  for  the  eafe  and  fafety  of  it. 

But  on  the  other  hand,  fuch  an  immoveable  and  unalterable  Allegiance,  as  is  thought 
dae  only  to  a  Legal  Right  and  Title,  and  muft  be  paid  to  none,  but  to  a  Legal  and 
IRightful  Prince,  ferves  no  ends  of  Government  at  all  ^  but  overturns  all  Government, 
when  fuch  a  Prince  is  difpofTcfTed  of  his  Throne,  how  long  foever  he  continue  difpofTcf- 
fcd ;  and  what  long  Inter-regnums  may  this  occafion,  to  the  difTolution  of  Human 
Societies  ? 

If  you  fay  that  this  is  the  bcfl:  principle  to  prevent  all  Revolutions  of  Government,  when 
It  isknown,that  Subjefts  are  bound  in  Conlcience  not  to  fubmit  to  any  Illegal  and  Ufurp- 
ingPowersj  andthisis  very  much  for  the  peace  and  fecurity  of  Humane  Societies;  I 
anfwer. 

1,  Jfthisprinciplewould  prevent  all  Revolutions  of  Government,  it  is  ademonftra- 

tlonagainftit,  that  it  is  a  bad  Principle,  ameer  Human  Invention,  which  cannot  come 

■  from  God.  For  fincc  God  has  referved  to  hirgfelf  his  Sovereign  prerogative  of  removing 

Kings,  aodfctting  up  Kings  3  ilncc  this  is  romeucnes  ncceftaryfor  the  prcfcryatioB  of 

the 


due  to  Sovereign  Towers.  &c,  .  a     ^  ^ 

the  Church,  anc!  the  deliverance  of  the  Good  from  OppreiT^on  and  Tyranny,  and  forth-  juft 
Punifhment  cither  of  King  or  People  j  it  is  impoOiblc  that  he  fhouid  giveany  fuch  Lawsto 
mankind,  as  Pnall  debar  him  from  the  exercifcotthis  Prerog=itivf,  in  what  way  hep.eales,- 
yet  it  is  certain  Q.A  cannot  make  Kin^s,  if  he  cannot  oblige  Subjtas  to  obey  them  j  and  that 
he  cannot  do,  if  ihevmuft  obey  and  fubmit  only  to  Legal  Kings.  /     j  l 

2.  Itisevidcnt,  Thatrhis  Princiole  was  either  unknown  to  the  Word  before,  (andthat 
is  an  argument  rhat  it  is  not  the  natural  fenfe  of  mankind)  oreHe,  bat  this  Irincip.e  can- 
not prevent  the  Revolutions  of  Government  j  foJ  there  havebctnfuch  Revolutious  mall 
Ages,  and  I  believe  will  be  to  the  end  of  the  World  {■ 

3  Sincetbcnfuch  Revolutions  will  happen,  fuch  Principles  as  n.uft  diflolve  Humane 
Societies,  when  fuch  Revolutions  happen,  orexpofeihe  mufl  inn^ctnr  and  cc  nfoemicus 
men  to  the  greateft  Sufferings,  without  ferving  any  gaod  end  by  thim.  cannot  oetiue  ; 
for  the  end  of  Government  is  the  Prefervation  of  Humane  Scdcties,  and  ihere'ore  thai  can 
be  no  good  Principle  of  Government,  which  in  any  turn  of  affairs,  if  puifued,  muft  ail- 
folvc  Humane  Societies,  . 

Korean  that  be  a  true  Principle,  which  at  any  time  obliges  honcfl  men  to  lofe  their 
Lives,  their  Ef^ates,  their  Liberties,  in  oppofition  to  the  Government  of  the  Nat  ion  where- 
in they  hvc,  when  they  may  preferve  them  all  by  Obcditnce  and  Subm  flion  to  tht  Govern- 
m.':nt:  lam  furethe  Scripture  teaches  us  to  fuffer  patiently  in  Obedience  to  Government, 
but  not  to  fuffer  in  Oppofition  to  if :  And  when  the  very  reafon  of  our  Obedience  to  Go- 
vernment, is  for  the  prefervation  of  Humane  Societies,  and  that  we  our  fdves  may  enjoy 
the  Bleftings  of  Government,  itfcems  very  flrange  toextend  this  Duty  to  the  overthrow  of 
Humaae  Societies,  and  to  deny  our  felvcs  the  Security  and  the  Be  flings  of  Government^ 
which  is  to  extend  a  Duty  to  fuch  cafes,  as  contradict  the  only  Reafon,  whereon  that  Duty 
is  founded. 

It  is  true,  we  muf^  in  all  cafes  be  contented  to  fuffer  in  doing  our  Duty ;  for  we  mufl  chufc 
rathertofuffcr  than  to  fin;  and  it  is  no  Argument  that  any  thing  ceafesto  bemy  Duty,  bc- 
caufelt  expofesme  toSuf^^'ering:  But  then  we  muft  be  very  fure  that  it  is  our  Duty,  that  it  is 
cxpreflyenjoynedusby  the  Laws  of  God  or  Nature,  before  we  venture  to  fuffer  for  it ;  But 
when  wc  arc  to  learn  our  Duty,  net  fromany  exprefs  Lawof  God  or  Nature, but  from  the 
Reafon  and  Nature  of  things,  it  is  a  fufficient  Argument,  that  is  not  my  Duty,  which  will 
expofe  me  to  great  bufferings,  without  ferving  any  good  end  ^  nay,  whichexpofes  meto 
Sufferings,  for  contradiding  the  natural  end  and  intention  of  that  Duty,  for  which  1  pr<;tend 
to  fuffer. 

4.  But  let  us  grant  that  this  Principle  is  the  beft  Secutltyto  the  Rights  of  Princes  j  is  the 
Right  of  any  Prince  fo  Sacred  as  tofland  in  Competition  with  the  very  being  of  Humane  So- 
cietics.and  the  fafety  and  prefervation  of  all  his  Subj:d1s?  And  muft  we  then  defend  a  Prince's 
Right,  with  the  deftrutVion  of  the  Nation,  and  theRuineofall  hisSubje(fls?  Whichis  moft 
necefTiry,  That  the  Nation  fhould  be  governed,  or.  That  fuch  a  Prince  fhould  govern  it* 
Andifhebedrivcnout  of  his  Kingdoms  i  and  cannot  govern,  muft  we  then  have  no  Go- 
vernment >  Orhowfhallthe  Nation  be  governed,  ifSubjefls  are  bound  in  confcience  to 
obey,  and  pay  Allegiance  to  no  other  Prince?  This  is  to  make  all  mankitid  the  ilaves  and 
and  Properties  of  Princes  j  as  if  all  men  were  made  for  Princes,  not  Princes  lor  the  govern- 
ment of  men. 

This,  I  think,  is  abundantly  fufficient  to  juftifieour  Obedience  and  Alleoianee  to  the 
prefent  Powers,  though  it  fhould  at  any  time  happen,  that  the  Legal  and  Rightful  Prince 
fhould  lofe  his  Throne. 

But  there  is  a  great  prejudice  againft  all  thi^;  for  fo  I  call  it,  rather  thananObjcftion^ 
for  there  is  no  Argument  ia  it,  norcanit  bcformed  imoanArgumcuti  'vi\.  rhat  this  will 

K  equally 


-VheQaje  of  the  i^llmame 

equally  ferve  aimv^uaony>f^c>yen.men^^ 
n.,ghr  fubmit  and  fw.ar  to  a  R..^^P../,,^;e„t,  or  to  another  ?mt,Fi,y,  or  to  zCnLuTtt, 
vf  safety,  or  whatever  eife  you  pieale:  Andyet  unJer  thatUfa.-p.uion,  the  Lovnl  Nobihr 
G,m.y,  and  Clergy    thought  thc..ire  ves  bound  in  Confckncc  to  cppcfethat  l]fuvp,icn  at 
then-  urnioft  pcnU   And  ili.ll  we  Arra^on  rhem  all,  as  rcfiaina  God's  Ordinance  by  then-  op 
pohnon  cothok  Ufurped  Powers,  and  their  attempts  tc  r.ftme^hdrKinpto  histhrcK  ^^ 
This,  aslobjrved,  is  a  greatprqudice,  but.  no  Armament,  for  if  thvfe  Principles  be 
true    andaccord.ngtothdeFrinciples  they  might  have  complied  witbthcfe  Ulqrpa-ions: 
that  they  did  not,  is  no  confutation  of  them.  f  F«  xv  io, 

Butyet,irupporc,alUkn  fee  a  vaft  difference  between  there  two  Cafes;  it  is  evident 
thofe  Loyal  peifcns,  both  of  the  Clergy  and  Laity,  who  fuffered  in  the  former  Gaufe,  and 
have  nowcotnphed  with  the  pref€ntGovi:rnriient,  thinkthere  is  a  vaft  difference  between 
them  i  and  mud  thmk  themfclves  m jre  reproached  and  injured  bv  (uch  a  Corr.parifon,  than 
bv  iuch  Principles  as  )ufl:ify  their  preknf  compliance:  And  the  great  Body  of  thcNob'!->v 
Gentry,  and  Uergy.  wno  have  furorn  Allegiance  to  their  ^^^^^^^^  Majcfties,  would  take  it 
very  ill  to  be  thought  lefsLoya!  than  thofe  «.ere,  who  fuffered  for  King  Charlesl,  and  II 
underthof^U.urpersj  and  tnerefore  they  alfo  mull  apprehend  a  vaft  difference  between 
thefctwocales. 

But  what  is  it  that  mnkesthis  difference  >  If  you  will  -allow  the  fuppofltion  ,  That  the 
Rightful  King  IS  difpoflcffed  ;  arid  that  in  fuch  a  cafe  it  is  lawful  to  comply  with  any  Govern, 
ment,  which  becomes  the  fetled  Government  Qf  the  Nation  ^^  ^ 

lanfwfrs  The  difference  IS  very  great  upon  all  accounts-  and  that  no  man  may  wonder 
at  the  obftmata  Loyalty  of  thefedayes,  and  the  eafie  and  ready  compliances  now  ,  (from 
whence  fome  men  conclude  a  renouncing  the  Principles  of  the  old  Church  of  E^iglan^ 
Loyalty,  to  the  great  fcandal  of  Religion,)  1  Hiall  fhew  the  difference  upon  many  accountsj 
and  all  together  wil!  dc  more  than  anfwer  enough. 

I  Fivftthen,  The  great  Villanies  of  rhofe  days,  inan  open  and  bare  fac'd  Rebellion, 
perHftcd  m  a  Iter  th^/oo ft  Gracious  Offers  and  Condefcenrions  ;  and  in  the  Barbarous  Mur- 
derof  oneor  theueft  Pr.ncesin  the  World,  wascnouoh  to  prejudice  \V,fc  and  Goldmen, 
againft  all  complianccs,thouuh  they  had  been  lawful  ,-"for  who, that  could  pofl^bly  avoid  it, 
would fubmit to  such  men-  ..       r         j 

2.  The  barbarousUf.ige  the  King's  Friends  met  w-'th,  i^ade  a  5i'.bmiffion  and  Comply 
anceufelefsandimpoflible:  Thofe  who  hndfouaht  for  thdr King,  or  cxprcffcd  anydiflike 
of  thefe  Proceeding?,  whom  they  had  any  jealoufie  or  fufpicionof,  or  whofe  Eftates  they 
hadamindtopofTerstheffifrlvfsof,  were  plundered,  fequefired  ,  imprifoned  ,  forced  to 
fculk  and  hide  at  home,  or  fiie  abroad,  to  preferve  their  Lives  and'  Liberties. 

3.  Bijho^s,  Deans,  ^nd  Prebendaries  wac  turned  om,  and  their  Lands  and  Revenues 
foldj  the  Loyal  Ckrgy  were  M^%„^«/f  for  what  they  bad  donej  and  had  noway  to  keep 
their  Livings.  dp>eclally  if  they  wereofany  Value,  but  by  renouncing  the  Church  of  £«ir. 
Und,  as  well  as  by  Subm^fflon  to  that  Government,  which  1  believe,  notwithflanding  their 
ready  compliance  in  taking  the  Oaths,  ihcClergyat  this  day  would  more  univerfally  have 
refufed,  than  they  did  thfn 

41%.  Another  difficukv  was,  that  the  whole  Government  both  of  Church  and  State 
wasoverturned,  which  was  the  Fundamental  Conflitution  of  the  Nation:  The  Kingwas 
not  only  Murdered,  and  the  Rightful  Heirdriven  out  of  the  Land,  but  the  Monarchy  it  felf 
Urasdeftroyed,  and  neither  King,  Lords,  nor  Commons,  left  5  but  a  few  of  the  Houfe  of 
Comm.ons,  who  by  Force  and  Power  had  turn'd  the  reft  out  of  doors,  undertook  to  govern 
t^l,  inthename  of  the  Commons  of  £wg/4«rf;  which  was  fuch  an  Invaiion  on  the  Rights 
at^Libcrtkspt  tbeirCowmry  Cwlaicharcas  faacdasths^ightsof  theKini^,)  asrcquireci 


7)tie  to  Scveraj^n  Tourer s,  8cc. 

tK^utmoff  oppofition  that  could  be  mad'fe;  '  And  it  may  be,  if  it  be  Well  confideved,  the 
Defence <>i  A^.on.uch)',  and  the  Rigi.tsand  Prerogative^  of  the  Crown,  will  appear  a  very 
material  part  ut  ihe  Oath  of  Allegiance,  which  may  bind  Subjc^ls  when  the  lerltn  of  the 
King  Is  changed  J  and  may  m^ktfhcm  think  themfelves  mere  cb!ig(d  to  reftcrc  fueh  a 
I'rin  e,  when  they  cannot  reftcrc  Monaichy,  and  the  Aniient  Laws  and  Government  cf  the 
Nation  wi:h€u,t  him. 

51%.  And  ir.orever  it  fsplain,That  their  Government  was  never  fctled  ;  it  was  frequently 
changed,  and  new  modelled,  which  was  no  Argument  of  Settlement  j  and  which  is  mere 
than  that,  they  had  not  a  National  Gonlent  and  Submifilon. 

Men,  who  were  forced,  fubmitred  to  force;  but  the  Nation  did  not  by  any  Na^  ional  Ad- 
ever  own  them  ^  for  1  think  the  Rump  Parliament,  who  wcri-  the  Ufurpers  themfelves;  or 
fome  little  p  ickt  Conventicle s,^  rather  than  VatUamenis,  could  not  be  called  the  Reprefenta. 
/mjjoUhe- Nation, 

— ^his  fcerns  to  be  much  like  the  Cafe  which  BiJJoop  Overal'  s  Convocatinn-Book  mentions 
'in  relation  to  ^miochu6;  whahad  by  force  k:pt  the  ]en>s  in  fubjcdion  tor  f^jme  years,  and 
yet  when  Matthias  took  Arms  in.dcfence  of  their  Rtltgion,  they  juftify  fhis  Adion  by  iaying 
That  the  Government  o^-^«//of^/«  was  not  fetled  among  them,  either  by  i> nbmi^fion  ot 
Continuance -J  that  is,  tho' People  were  forced  to  fubmlt  to  Power,  hisGovernTient  was 
not  owned  byanypub'ick  National  ^ubmiHson  -,  and  in  fuch  Cafes  along  Continuance  is 
required  to  fettle  a  Governmentj  whereas  a  N>itional  Submiifion  fttdes  a  Government  \n 
a  Qiort  time  ;  as  we  may  conclude  from  what  they  tell  us  of  the  Settlement  of  ^lexandif^s 
Govemmcnc  among  the  Jem,  who  was  but  a  very  little  while  with  themj  hmjaddm 
theH/j^^.Py/e/?,  and  the  Governing  part  of  the  Nation  fubmitting  to  him,  this  fetJed  his 
GorernHient  in  a  few  days, 

Thisfliewshnw  unlike  all  this  was  to  our,  prefent  Cafe  in  every  particular  5  that  thcfe 
who  thought  it  their  Duty  never  to  fub(r.it  to  th.it  wicked  Ufarpation,  are  now  fatisfied, 
that  they  may  fubmit  w'rth  a  good  Gonfcienee  to  their  prcfdnt  Jvlajeflies. 

In  our  prefent  Cafe,  alFthings  are  quite  contrary  to  what  they  w^erc  ia  the  former  5  every 
thing  concurred  to  makcrhe  Nation  fond  of  fuch  a  Change,  and  very  eafy  under  it. 

Kingjtfwff,  more,  Ihope,  by  follov/ingill  Counfels,  thanby  hiscwn  Inclination,  bad 
cffcdually  removed  all  Prejudices  and  Objxaionsagainft  fuch  a  Revolution,  excepting  the 
Obligaffons  of  Duty  and  Confcience. 

In  the  late  times  of  Rcbehonand  ururpation,  altthe  friends  of  Monarchy,  andofthe 
Engli/k  Government,  and  of  the  Church  of  England,  and  of  the  Liberties  of  their  Country, 
and  oftheir  own  Honouisand  Fortunes,  were  bound  in  Intercft  to  take  all  Opportunities 
toreftorctheKing.  In  our  late  Rcvoiution,  the  very  fam.^  Reafonsand  interefts  difpofed 
all  M  n  to  'be  wery  well  contented  to  part  with  their  King,  if  they  had  known  how  to  do  ic 
honeftly;  for  the  Continuance  of  his  Government,  by  the  bold  Steps,  and  extraordinary 
Methods  he  had  taken,  gave  them  gieat  App.chenflons  that  all  thefe  were  in  danger,  even 
theRightsandPrcrcgativesofihe  Crown  itfelf  (  the  prefcrvatidn  ofwiiich  w'asamain 
end  of  the  Oath  of  Allegiance  )  by  his.  Sufem-itionto  the  Se.^.  oiU^ome,  and  rejectincT  the 
03^0^ Supremacy,  andasfaras hccould.  abfolvinghis  Subjeasiromit  5  and  yetin^hatr 
Oath  alone,  we  Swearto  the  ZL^v./k/ Suxrcefior,  in  Opppfirion  to  the  pretences  of  the  BiHiop 
otRowe,  todepofe,  andfetupKinnsatpieafure,  for  the  Service  of  the  Chu'-ch 

This  helpt  fome  Men  eafilytoabfolve  themfelves  !rom  the  Obligation  of  their  Oaths-,  for 
they  could  not  think.  thatOaths,  which  were  made  and  impofed  for  the  Ptefervation  cfa 
Pme/?tf»^  Prince,  and  the  Proteftant  Rfghts  and  Liberties  of  Church  and  State,  could 
ob^gethcm  to  defend  and  maintain  a  Prince  in  hisUrurpatJons,  as  they  thought  on  both, 

ihisfivade  ^isSubjcOs  aad  even  his-A.*mydcferr;his  Service,  when  the  Prince  came 

:.  witbf 


The  Cafe  of  the  Allegiance 

With  a  forreigtiForcc;  and  this  made  it  neceffiry  for  him  to  leave  the  Kingc^om,  and  to 
leave  his  Subjects  in  the  Hands  ot  the  P  rincc  j  which  made  an  eafie  way  for  the  Prince  to  be 
placed  on  the  Throne. 

Now  not  to  difpute  the  legality  of  all  this,  here  was  nothing  fo  formidable,  as ;  o  prejudice 
an honeft  Man  againft^ubmiffion  and  compliance,  astherewasin  the  late  times  ot  Rebel- 
lion; nothingthat  could  rcafonably  hinder  a  con^pliancc,  but  sn  Opinion,  that  we  muft 
never  pay  Allegiance  to  anv  but  a  Legal  Kingj  and  poffibly  had  that  point  beenwavedj 
no  Proreftant  would  have  difpured  a  quiet  and  cheariul  fubmillion  to  the  Government. 

To  fight'againft  a  King,  ano:  not  to  fi^ht  tor  him,  I  think  arc  two  very  different  things^ 
and  when  K-inasmikeit  impoiri.>leto  ^:i\n  ^or  them,  witboUr  fighting  .igainft  ihe  Religion 
and  Liberties  of  ourCoun'ry,  they  may  thank  thfmfelves,  ilthcir  ubjcdscannot  deknci 
them.  This  is  a  danger- us  lUte  IM.ices  bring  chcmfrlvesinto,  efpccially  where  there  are 
different  pcf(wafions  in  a  Nation  :  sJ^ncnfomc  Men  think,  rhey  may  Lawfully  defend 
their  Religion  and  Liberties  againil  the  (Ifurparionsol  their  Prince  j  and  others  think,  they 
are  not  bound  to  defend  and  maint.^in  tbtii  Prince  in  hislIlcg.U  tJfurpationson  thcirRciigion 
and  Liberties  J  for  a  little  cppoficion  without  any  defence  will  quickly  rum  any  Prince.  To 
take  a  Crown  from  a  Prince,  andhisLiberry  and  Life  with  it,  and  to  fuffcr  him  to  leave  his 
Crown  if  he  plifafes,  andtodcfert  hisGyvtrnment,  arcfwo  very  different  things. 

I  cannot  indeed  think(neither  do  I  believe>that  any  body  elfe  does)  that  for  a  King  to  leave 
his  Ore wn  and  Government  in  afright  is  in  all  cafes  nect  iTarily  to  be  interpreted  fuch  an  Abdi- 
cation as  isequivalent  toa  voluntary  Refignation  ;,•  whereby  he  renountes  all  future  Right 
and  Claim  to  it.  Burif  he  have  reduced  himfelf  to  fucha  flate,  that  he  is  forced  for  his 
own  prctervation  to  leave  his  Kingdom  and  Government  i  it  is  plain,  that  in  forae  fcnfc 
he  leaves  his  Throne  Vacant  too,  that  is,  there  is  no  body  in  it,  nobody  in  the  Adual  Ad- 
niinifcration  of  the  Government. 

Thusfar  I  think  Subjects  maybe  veryguiltlefs,  who  do  not  drive  the  King  away,  but 
only  fuffer  him  quietly  to  cfcape  out  of  his'Kingdoms ;  for  this  is  no  Rebellion,  no  Refinance, 
hm  on^Y  Non-^fftfiaticey  which  may  be  very  innocent ;  for  there  are  fome  cafes,  whereia 
Subjects  are  not  bound  to  allift  their  Prince;  and  if  ever  there  were  fuch  a  cafe,  tbiswasit. 

WbatthenfhallSubjcds do,  whenthe  King  is  gone,  and  the  Government  DifTolved, 
the  People  left  in  the  Hands  of  another  Prince,  without  any  Reafon,  or  any  Authority,  or 
«ny  formed  Power,  tooppofehim  >  The  Government  muft  be  Adminiftrcd  by  fomc  body 
uniefs  we  can  be  contented,  that  the  Rabble  fhould  Govern. 

But  Ifhallnot  meddle  with  that  Interval,  bet  ween  the  going  away  of  the  King,  and  the  . 
Prince's  coming  to  the  Throne ;  but  only  confidcr  him  as  placed  in  the  Throne,  and  fettled 
there.     And  now  we  can  find  no  alteration  in  the  Ancient  Government  of  the  Nation,but 
only  the  exchange  of  Pcrfons;  and  all  things  concur  to  make  this  a  very  advantageous 
and  acceptable  Change,  excepting  fuch  difficulties,  as  ufually  accompany  fuch  Revolutions, 

TheAiowdy/A^sisthefamefiill,  and  the  TJE>reee/?rfrey  of  the  Nation  the  fame  ;  theChurch 
ofEttgUnd,  and  the  Laws;  and  Liberties  of  the  Nation  fccured,-  and  no  profpe^  of  fecur- 
ing  them  by  any  other  means ;  fothat  here  is  nothing  to  prejudice  any  Man  againfV  the 
prefcnt  Government,  orto  makethc  Reftorationof  th-'  difpoflcflcd  Prince  neccffary,  as 
there  was  in  the  late  Ufurpation,  but  only  a  miftaken  Notion  of  Allej^iance  to  that  Prince, 
whom  we  fuppofe  to  have  the  Legal  Right  though  he  be  difpofKlTed,  and  another  Eftab- 
hfhed  in  his  Throne ;  which  1  have  already  proved  to  be  a  miftake. 

But  not  to  difpute  the  Legal  Right  (  which  is  nothing  to  my  prefent  purpofe  )  here  is  a 
fettled  Government,  which  was  not  in  the  former  Cafe, 

Their  prc(cntM<i;e/?/e5  are  in  the  full  Polfeffion  of  the  Throne,  and  Adminiflratioii  of 
the  Government  by  a  National  fubmilEon  andconfcntj  for  though  fomc  Men  difpute, 

whether 


duetoSoveretgnTowers..  &c, 

whether  a  Convention  of  the  Eftatcs,  not  calico  by  the  Kings  Writ  be  a  legal  Parliament,      7i 
yetallMcnmuftconfefs,  that  they  are  the  Rrprffcntativcs  of  thcNatirnj  orclGra  Nation 
can  havenoKeprtfcntativeSi  when  it  has  no  King  in  thcThrunc,  Oi  when  there  is  any  dif- 
pute  about  the  Title  to  the  Grown. 

Now,  though  this  might  be  improved  farther,  I  fliall  content  my  fclf  only  to  fav ;  that 
the  confentancTfubmiflion  of  the  Convention,  cfpeciallywhtn  confirmed  by  fuLftqufnt 

Parliaments,  is  a  National  Aft,  and  mokes  a  Settlement  of  the  Goveinmcnt,crpaialb  ^'f^^ 
thegencralityofthcNationhavefo  willingly  and  cbearfullyfubmitted^and  bound  their  Alle- 
giance by  Oathjwhich  is  a  very  different  thing  from  fubmitring  to  meer  ferce,when  tfac  incli- 
nation of  the  Nation  ftands  bent  another  way  j  when  there  is  nothing  but  meer  force,  it  may 
admit  fomedifpute,  when  the  Governmci^t  is  fettled  ;  but  though  in  fome  cafes,  it  may  be 
bardto  ietcrminc,  when  the  Government  is  fofettkd,  as  to  make  Allegiance  due  j  this  is 
no  reafon  to  deny  Allegiance,  when  there  is  a  vifible  Settlement.  It  this  be  not  a  fettled  Go- 
vernment, 1  know  not  what  is  i  I  am  (ure,  we  have  realon  to  pray  for  the  continuance  oi 
it;  when  nothing  can  unfettle  it,  but  fuch  a  Power,  as  will  overturn  our  Reigion  and  Li- 
berties with  it.  It isindecd  commonly  faid,  asl  obferved  before,  that  the  fubmiffionor 
the  I'cople  without  the  fubmiflion  of  the  Prince,  cannot  transfer  the  Government  j  by 
which  they  may  mean  the  legal  Right  of  Government :  No  w  to  avoid  unnecelTary  Dilputes 
fuppofe  this  were  trae  ;  yec  the  fubmifCon  of  the  People,  when  their  Prince  has  left  thrm, 
if  it  cannot  give  a  legal  Right  to  snoiher  Prince,  yet  it  may  give  an  aftual  Sfttlenrent.to 
him  ;  and  that  is  all  we  arc  enquiring  after.  This  I  think  is  a  fufficient  anfwcr  to  that  odious 
Comparifon  between  the  late  Ufurpations,  and  this  prcfcnt  Revolution. 

1  Diall  conclude  the  whole  with  anfwering  an  Objedion,  which  many,  who  refufc  the  ObjtB» 
'Oaths,  place  great  confidence  in  ^  and  that  is  from  the  Laws  of  the  Land  ;  In  all  fuch  cafes 
as  thtfe,  the  Laws,  they  fay,  are  the  meafuve  of  cur  Duty,  and  the  Rule  of  Confcience,  and 
therefore  we  muftcwn  no  King,  but  whom  the  Law  owns  to  be  King  5  that  is.  in  an  He- 
reditary Monsichy,  the  right  Heir;  and  to  pay  and  fwear  Allegiance  to  any  other  Prince, 
though  pt  (Tcfled  of  the  Throne,  when  the  rightful  King  is  difpofTcfled,  or  the  right  Heir 
living,  is  contrary  to  cur  duty  toGcd,  becaufc  contrary  to  the  Laws  of  the  Land 

1,  InanfwertothislconfiJeri  this  is  no  real  Objcdionsgainft  any  thinglhave  faid  j  but  ^nftf* 
allthatlhavefaidjifitprovenue.isafufficientanfwertothis;  The  Laws ofthe  Land  are  the 
Rule  of  Confcience,when  they  do  noccontradift  the  Laws  ofGod:  but  when  they  do,  they 
are  no  Ruletousj  but  their  obligation  mufl  give  place  to  a  Divine  Authority.  SuppoG  thf  n 
there  were  an  exprcfs  Law,  that  the  Subje^sof  H/J^/a«<ifhould  ownnoKing,  butthc  right 
Heirj  and  notwithftanding  this  Law  (asit  willfometimeshappen,  and  has  often  happened 
\r\  England)  a  Princr  who  iscrottherightHeir,  fhould  get  into  the  Throne,  and  fettle  hiixi* 
felf  there.'  If  the  Divine  Law  in  fuch  a  c.ife,  commands  usto  pay  all  the  obedience  and  duty 
of  Subjefts,  to  a  Prince  in  the  aftualpofTcdion  of  the  Throne,  and  the  Lawof  the  Land 
forbidsit,  which  muft  we  obey,  the  Law  of  God,  or  the  Law  of  the  Land  ?  This  I  think 
IsoodlfputCj  andthereforeitisin  vaintour(»ctheLawsof  the  Land  in  any  cafe,  wherewc 
are  under  a  Superior  Authority:  let  them  firft  prove  that  no  King  is  fct  up  byGodagainfl: 
the  Laws  of  the  Land  ^  and  then  I  will  confcfs,  wemuflownnone  but  legal  Kings,  foe 
we  muft  own  no  Kings,  whom  God  does  not  make,  and  who  have  not  Gods  Authority. 

2.1  he  Englifh  Monarchy  is  Hereditary, &:  the  lineal  Heir  has  the  legal  R'ahrio  the  Crown; 
grant  this  but  f^ill  we  maf^  confider  how  far  this  is  a  Law  to  all  private  Subjcds^how  fsr  every 
5tjbjeft  is  bound  by  this  Conftitution,  to  give  the  PofTefTion  of  the  Crown  to  the  r;ght  Heir, 
and  not  to  fufFer  any  one  elfe  to  rake  it  j  or  if  he  do,not  to  pay  Allegiance  to  hirr,  cr  own  him. 
for  his  King.  What  Law  is  there, that  faycsthis  ?  And  I  think,  the  reafon  of  the  thing  docs  not 
prove  it.ThcLaw  docs  not  rcfci  the  Cognj^ance  of  fuch  matters  to  private  Sab  jc^s jand  tbcrc- 

L  fore 


a  legal Conftituiion.  Legal  Rightsmuftbrd,  r;l?„Lu  •',"°',''fS^'''^''"«'''ni«»t* 
Authority  can  tiSkc Cognizance ofche Ti,l4and  ci^fm  !p  "''  '^"'''^'''^ '  '"^  =»^«  '-' ™ 
Crown-,  but  the  £/?«,«  of  the  Rclm.-  Thnfn^i.j  "m'"'?'  ^"^  the  difpofel  of  th6 
Cefcent  ol  the  Crown,  mi  if  throuob  mifirt'  „,  ^'•'  °i'l'g!'^  to  take  notice  of -he  legal 
a  wrong  Hca<i.thcy  n,uft  anfwer  io.-^tut^^^llt'^'''^^'  •'^'''  <■«  "><  Crown  Upon 
of  the  matter,  ire  bound  by  no  Law  hat  I  kl  ■^^^^'  ""ho  have  no  legal  Cognizanct 
have  owned,  though  they  fhould  think  the  RtuT,°n'fl°*';/^*'!S'  «'^«"'  the  £/?a,« 
rule  private Subkftsinthefecafes,  evr,^  a„3  1^""  "•  ^^Authority  may  not  over, 
.her  Obedience  to  a  King,  who  is  placed  t  ^  T"  P'ri'' °P'"'°"^'  ^''-^  i"ftifi« 
who  have  ,,0  Authority  to  Judge,  andno  Power  to  Kem''Ti:'"^^'"'  '"^^"V  "'"("e 
wherein  Subieasmuftacquiefce  in  the  dete-mrl,,-(,  T''"'  ^'^  "umerous  C;,fcs, 
mink  a  legal  Right  :  The'reafon  and  „ec  rn^™'f"r  ' ''S'''^"'''ority,goinft  „hat,he; 
whichgivtsaR.oht,  will  not  allow  u,,n  It  °'"""'"' '"I"'^«»i  '"J  the  Law. 
And  therefore  it  d-oes  not  follow  nTerlv^.o;;^''';^','""'  ^f^'  '^g'-t^  k^'  Authoritv.' 
bound mC»»/-«eMe to  cwnnoKinc  L,°?  ''",^"'  of  Succeffion,  that  Subjifts  are 
fcience  in  Obedience  to  ],,ws,  isthe^^nk  ,bin"?ll,      '^^'^"'.  ""''  ^"'^  Duty  and  Con. 

J ,  T4,o- !  have  not  skill  enou»h  in  LaJ      1         """^  "'?'"'''"8  '^'"• 
in  this  point ;  yet  it  is  the  declared  TuH.c  *'„°  f?"!;  "V'T  J: '"}''  <""  Conftitntion  allow, 
and  fo  far  as,  can  learn,  .hemoftcorrmr/„^r     ,    '''/^''^  ^-'•'Vers  o(  fo'"'"  days, 
a'low  andrequire  Allegiance  to  a  KtnTr/' a  "   ?"'"-''"!,^  J^"'""  '^'"'  ^''"«'^'-  Laws  do 
Ugal  Right.  And,his^he)  ha  ve d o.^t-^^tp^t'' 'i     f '^ 

CA,  ]4.  CmU  the  Ju.%esinE*.„r  Caf^  J!'  ^''^^ ''L^'''/"''  '■'S'^-'f"'  Kings,  as  my  Lord 
.B»,i£»;«in,l,eTryal  oltheRcufcdes  inf '^  °'  ^''' J"^  ""'"'  "'V  ^"^-^  f*  ]«]?. 
but  would  no,  alio;  his  Cafe  to  be  w  thi.^  theT"  •  "  '^7''''  'l" '  "'«'  ='"°*''J  '^e  Law 
nreerly  about  the  Senfe  of  the  taw.  TjudiChT^K-  u^°"'  '^^'"  ''^'  I'''"!'"'' i' 
and  a  great  deal  more  thani  can  pretend  to^w!'l*''^t*a ''"I"'''"  f™«killi„Law. 
fcience!   Whether  to  adhere  tomvoJ„Tj  '"''"  '!''=«  "^y  to  rcfolve  my  Con. 

of  the  ableft  Judgrs  and  Lawyers,  *^orTo  !^.7""!r'.'S;>'nft  thejudgements  and  Opinions 

generally  agree  in  It  ),hoU  not  c;mpXndIhrR^rn  ^''^T-Z'   <  *''^"  '"'"^^  "'» 
In  tnoral  and  nitural  Duties,  whicS  /„,  'Z^"'^°"'  °'l^"'  0|>'ni"ns  > 

the  Cafe  is  different;  we  muft  not  here  r^f  u  "n™''' '"1  '^"'*  ""^"^'^^  f<"  hinrfelf. 
the  Reafon  and  Sentiments  of  our  own  M  „Y  »'holly  upon  Authority,  efpecially  not  againft 
ovcr-tulemeer  Doubts  and  Scruples  k'  Ik  I  n  r  "T^'' '? '''"  ^^''  °f  S'"'  ■"<"«  "> 
law,  andweconcludethattobeomDn^iu^r'^  ?**"''''""'"  """  P«'"'  °f 
That  Tu  jges  and  learned  Lawyers  Xdal  I     J  '  t  \'^  ^««™'"«,  I  am  o(  Opinion. 

anyByafsonthem,  oranyp^^fpiof ou  '^n"r"  a'I^"'"^"^^^^^ 

they  underftand  the  taw  bell.    *^"  prefent  Affairs,  are  the  beft  Cajuijls,  becaufe 

That  we  muft  obey  and  fubmit  fn  ,v...  D  •  .  _ 
enjoyn ;  and  we  muft  not  fufft  a„°  m,!"^^  ^^'"''  "'''^  '•■'  ^»*»  "^'^"^  ""<!  N«u.:c 
this  is  not  our  Duty:  But  what  Prfncrw-mnftk ''"''"  f^'T""'  f"P"-f'»''<ie  us,  tbat 
muft  pay  our  Allegiance,  theLawof&^,dl,  '''„'  i*"  T""'  P'"'"''^"-  P^nce  we 
raws  of  the  land.  Here  is  a  Queftiotuhen  1  T  "iw  u' "u"  '','"'l'i'«'^n'uftl«tn  from  the 
fuchaCafe  happens)  muftX  hd^Allo  '  ^.•'"•'"'heSubj.as  of E«gU«d ( whin 
his  Throne,  or  io  the  King  rfriarwhn  i  '^T^' J^'"^  ^'>''"-  ''^°'"  "'Vflifedof 
wilthefeMen,  whogroufj  hef  DiJentZ'n^'^'f'^ '' f'^''""' ^^'S^'  ^'^"-  ^ow 
fionofthetaw?  Kthey  will,"o  Wlw  d.^r  •  r^'"  °' '*"  ^*"'^'  abide  by  the  Deci. 
Objeftion!  IftheywiH,  Who  mrftTnlrri!  .°T' ^'"."^  ""^"^ ''•  ^"" ""'»'»'«"«= 
piufttheylcarnit;  fotewyLTL,/"    '  '''  f'"/'°f"''  ^=«'.  an<l  from  whom 


T)fie  to^overeiguTowers,  Sec.  5^ 

tcffwell  undfiftandsthc  Grammatical  Scnfeand  Conftrudiono{  VSJ'ords,  And  Is  It  not 
mcft  reafonable  to  think  that  to  bt  the  Setifc  of  the  Law,  vhich  leaf ned  Judges  and  Lawyers 
have  agreed  is  the  Scnfe  cfit  ?  hit  not  rtdcnablctotskc  that  to  bethe  StnTcof  the  1  ftw, 
which  has  been  the  Senfc  ot  We/?7m>*/?€rH<*//,  and  is!  ike  to  be  fo  ?gain,  ifwethmk  fit  to 
try  it? 

Idonotthinkitfodangercustomiftakeina  humasi  Law,  as  in  natural  or  divine  Laws: 
curObhgjticntoobey  human  Laws,  is  that  Obdi^nce  which  is  duf  toG over'^men  ,  aiid 
then  whatever  we  apprehend  the  Scnfc  of  the  law  to  be,  wc  muft  not  prerend  to  obey  hu- 
man Laws  in  cur  Scnfc,  in  (  ppofition  to  G  .vcrnment ;  if  we  miflake  with  Authority ,  and 
obey  the  Law  ;n  thitSenfe  which  has  been  allowed  in  all  Reigns,  even  of  the  mof^  rightful 
Kings,  wearefaff  inConfciencc;  Anihc  who  will  advance  another  Send  of  the  Lsw, 
upon  confidence  oHsis  own  private  Judgeiiieot,  and  verture  his  Eftate  and  Fortune,  his 
iibeityand  Lifeonit,  I  think  does  neither  wXcly  for  himfcU,  nor  payes  that  deference  he 
pretends  to  Government. 

Buthereisan  Oath  concerned,  and  danger  of  Perjury,  if  having  fwovn  Allegiance  tp 
K..  TrfiKfS  while  he  is  living,  wcfwear  away  our  Allegiance  froni  him  to  K,  iVilUam  znH 
Q.  Mary.  But  I  fuDp.*fc  legal  Oaths  mud  be  expounded  by  the  Laws  j  and  if  by  the  Law 
of  the  Land  Allegiance  to  K,  J^wejcesfcs,  a^bcingoutof  Pcffleffion,  cur  Oath  can  oblige 
us  no  longer  ;,^nd  if  by  the  Law  of  the  LanJ  we  owe  Allegiance  to  K,  William  and  Q.  Muf^ 
asin  PoffcfTionot  rheThronc,  thenwcsiiay,  and  ought,  to  fwcar  Allegiance  to  them: 
•Andthis  being  a  point  o{  Li5W,  mull  be  decided  by  the  proper  judges  of  it  ^  for,  if  we  keep 
anOa'h  wficnthe  Lawdoesnotallowit,  andrefufeanoach  when  the  Law  requires  it,  wc 
trangrtfa  the  Law.  And  this  is  not  the  only  legal  Oath,  wherein  Men  govern  thcaf  Ives  b^ 
Judgements  of  Law,  1  am  fure  asniuch,3ndl  think  more  plainly  againft  tlie  exprefs  K''ords 
of  the  Law,  thancanbepvetendedinrbeOathof  Allegiance  5 1  mean  the  0,:thofS/wo»3(,  lA 
which  Men  fwcar  in  as genera^  \S^c>i"dsasc5nbrthouohtof,ag^-infl  all  Bargains  orGontrsftsi 
-cither dirrdL  or  inJitectly.  for  the  obtaining  fucha  Living,  or  Spiritual  k^rcFermentj  and  yet 
jiake  no  SciUpkot  any  fuchContracls.as  are  not  adjudg«°d  5i'^c»>'  in  Ki^  epminfier-  h'all,Vco* 
they  fi*<'m  inclu  kd  in  thofe  gc-neral  \5(7orQs.  An^  if  wc  will  not  allow  it  to  be  a  fafe  Rule  of 
Confcience  to  obey  Laws,  and  to  take  leg^  Oaths,  in  that  Stnfe  which  Courts  of  Juflicc,  or 
iearned  Ju-'^-es and  Lawyers  give  of  them,thi/ we  miifl  abide  by  their  Judgements  when  it 
comes  to  be  tried  whs^ther  wc  have  broken  or  kept  thefe  Laws  5  Subjids  are  in  an  illConditi- 
on  bofh  with  rrfpeft  to  their  Ccnfcienci^s,  their  Lives  and  Eflares. 

Thismigh  very  well  ferve  in  Anfwer  to  t4ic  Arg  jmtm  from  Law  ;  for  it  is  acknowlcd^ 
•<d,  thsttherei^-great  Authority  for  onr  Allegi:inr^  to  a  King  deJaBo,  when  the  King  d& 
Jure  isdifpc  ffjled  ;   Bua  have  a  mind  to  confider  this  matter  a  lirtle  farther. 

There  is  a  Book  lately  Printed,  Entituled,  Ths  C«/e  ofAHfgiance  to  a  King  in  Voffepion  ? 
ThclearnedAi<;;7or  has  taken  a  great  deal  of  pains  in  confidering  our  Statutes  and  Hirtorics 
andhisDefignistoprove,  that  my  L,  Ch.  }«/?,  Ct)o^e  was  mif^^kcn  in  his  Opinion,  That 
the  Starutc  of  rresfan  z<,,Edri.  c»i,  is  to  be  mdctfinod  of  a  King  in  Vope^ion  oj  iheCrewH 
gnd  Kingdom  ^  forjftherebeaKingregntt^itin  fofeffton,  tho^he  be  Y.cxdtt  fado,  5c  non 
idejurc,  >«/??*;?  Seignior  le  Koy  n-ithiynhe  7 c-f-vierr  oj  this  Statute  ;andHjeoiher  that  hatk 
F.ight,  and  is  out  of  PafTeffian,  is  not  ivit'.^n  the  ^B,  It  is  too  long  a  Book  to  be  pirneular-c 
'lyanfweredherei  bat  as  I  apprehend,  his  F.tult  is,  that  he  does  not  reafon  right  upon  mat- 
ters of  Fad  5  and  feme  of  his  fundamental  Miflskesmay  be  anfweredina  fmall  compafs; 
•and  r  choofe  the  rather  to  do  it,  becaufc  they  are  the  very'  fame  miftakes  that  impofed^upon 
me  for  fome  time.  .  '       ^" 

Our  Author  think?,  Utfouldjtem  a  very  o^d  ^tmf^innjonnjtoasky  touching  the  Laws  ^'  ^ 
1^4/  4r€mdf  in  ttny  fctthd  Monarch}  for  tht  Dejmf  ofiht  iUfi^s  ^(rfen,  Crwa  and  Vig- 


5  6  Vie  Cafe  of  the  Allegiance 

ftUy,  H^hismeanthytheKingittthefeLaws'i  the  UwJhI  ar^d  rightful  Kittgo/ that  Realm,  w 
r^one  that  gets  into  theVofesfion  ofthe  i  hrone,  tho'  he  benn  a  YighiJulKing.butan  nfuiper? 
Now  this  (cemsto  nie  no  odd  Qacftion  at  al!  j  )oi'  when  the  Law  ©nly  mentions  the  King, 
andtheLawmakcrscertainly  knew  that  Kinas  without  a  legal  Right  do  often  afcend  the 
Throne  ;  i^'  they  had  intended  to  except  ail  fuchUfurpers,  they  fhould  have  faid  fo  :  for  i 
Kingdefa^o,  as  the  Ch.  Juft.  afferts,"  is  ^eig.narlt  Koy  ,  or  King  j  and  there  is  no  other 
King  bat  he :  for  King  fignifies  that  Perfon  who  has  the  Supreme  G.)vc.  n.iient  in  the  NatU 
©n  i  A  King<fe/«^*?  ishe  who  adualiy  has  the  Government  j  that  is,  who  is  aaually  King; 
.aKingae;«re,  asoppofed  toa  King<ie/«5o,  ishewhoof  Right  (h:>a!d  have  the Govern- 
Bient,  but  has  it  not  j  that  is,  who  of  Right  (liould  be  King,  but  is  not :  and  the  Statute  of 
Trcafon  tells  us  what  is  Treafon  agair^ft  him  who  isKing,  notagainft  him  whofhouldbc, 
but  is  not  King.  But  he  proves,  this  Statute  can  intend  only  a  King  de  jure,  becaufc  it 
makrsitTreafon  to  kill  the  King's  ddeft  Son,  to  violate  the  Queen,  or  tne  Prince's  Wife, 
or  the  King's  cldeft  Bauiihtcr,  all  which,  is  to  fccurc  the  iuccelTion  to  the  Crown,  and 
thercforecajinot  concern  anUfurpcr,  who  has  no  Right  himfelt,  and  therefore  his  Heirs 
iiave  no  Right  to  Succefl^on  j  and  wc  cannot  fuppofcthat  the  Law  Ihould  take  care  to  fccurc 
ihcSucctfTiontothePofterity  ofanUfurper. 
f.8.  But  this  is  no  Argument  to  me  i  for  the  Law  looks  upon  the  Crown  as  Hereditary,  and 
the  Change  of  the  Perfon  or  Royal  Family,  docs  not  make  the  Crown  ceafe  to  be  Heredi- 
tary j  and  therefore  whoever  has  Poflcdion  of  the  Crown,  has  an  hereditary  Crown,  and 
leaves  it  to  his  Heirs,  as  long  as  they  can  keep  it  -,  as  is  plain  from  the  Example  cjf  the  three 
Henries,  who  fuccecded  each  other.  And  this  is  Reafon  enough,  why  the  UwOiould 
make  no  difference  upon  this  Account  between  a  King  defaUo  c^  dejure. 

But,  my  Lord  ch.  J«i9,Cookc  does  not  found  his  Glofs  upon  the  fundamental  Conftitutton  if 
the  Realm,  tha'methiribhc  (hould  have  underftood  it  as  well  as  our  Author.  But  what  is 
thisfundamental  Conftitution?  Why,  The  Kegal  Authority,  nndthe^llegianceofthe 
UbjeBs,  i4  apbrobriated  to  the  lawful  and  rightful  King.  But  where  docs  he  find  this  fun- 
damcntal  Conftltution?The  fundamental  conft.tution,  I  take  te  be  an  hereditary  Monarchy ; 
not  that  the  Monarchy  fhould  continue  always  in  fuch  a  Family  j  for  t  hat  may  fail,  or  may  be 
changed  by  Conquefts  orllfurpations,  as  has  often  been,  and  the  Conftitution  continue.  The 
nicflthat  can  befaid  is,  that  when  any  particular  Family, by  f he  Providence  of  God,  and  t'rc 
Conlcntand  Submiffionof  the  People^  is  placed  m  the  Throne,  of  Right  the  Crown  ought 
to  defcend  to  the  Heir  of  that  Family ;  but  fuppofc  it  does  not  ,mult  we  pay  Allegiance  to  no 
other  Perfon,  tho'DofTeflcd  of  the  Throne?  Let  him  Qiew  me  that  fundamental  Gonftitu- 
lion,  for  ameer  Hereditary  Monarchy  does  not  prove  it  j  and  according  to  the  Judgment 
of  the  bsft  Lawyer?,  theLawsofthc  Land  require  the  contrary,  thatwe  mud  pay  our  Alle- 
giance to  him  who  is  saually  King,  not  to  h.m  who  ought  to  hav-c  been  King,  but  is  not. 
Andtothmktoconfure  this  bv  pretending  the  fundamental  ConftiiUtion  of  an  Hereditary 
Monarchy,  istotakcth-^tfororantcdwhicboughttohave  been  proved. 

ThcOucflionisnot,  Whether  th- Monmhy  be  Heredirary,  that  is  agreed  ;  batwhether 
in  an  He  rditary  Monarchy  we  n  uft  pay  Alleaiancc  to  no  Pilnce  who  is  not  legal  Heir,  tho» 
pofTened  ofthe  Throne  ;  Th's  the  Liwyers  3cny.  and  produce  Law  for  rt.  and  if  there  be 
fuch  laws,  it  is  certain  by  Law  we  may  pay  Allegiance  to  a  King  m  Polkfiion,  notwith- 
ftandin^  rh-  Tundamen  al  Conflitution  of  an  Hereditary  Monarchy?  for  the  Law,  which 
makesone,  allows  and  commands  the  other ;  and  thenit  isan  Hereditary  Monarchy  with 
this  rrf^rve ;  of  paying  Allegiance  to  the  King  in  Fofllflion,  when  the  legal  ricir  cannot  ob- 

Andthisltakctobeayerv  wife  Conftir«tion,  which  fecures  the  King's  Right,  as  far  as 
LawcasdQiti  ^tif  tbc  King  ftiould  be  deprived  of  his  Right  (  which  ihcfc-xpcricncc  of 


all  Ages  proves  he  may  be,  does  not  think  fit,  that  the  Govanmcnt  {houM  (Ink  with  hirn, 
and  therefore  niAkcs  provifi.  n  for  the  fecuriry  of  the  GoverrT;ent  and  of  Sub)-.  6ts  un^^^  the 
Regnant  Priocf,  which  the  Rrafonsand  Ncceditics  of  Government  require  and  juftific, 
though  r  her*?  had  bfcn  no  Law  tor  it 

3.  He  fays,  my  \  or  d  Jlo.kesGlofs  is  contrary  to  the  CanHant  praBice  and  Cultomofthe 
"Biecilm.  For  ifTreafon  by  the  CuNm  and  \'ruBice  of  the  Realm  Uj  ortij  again(i  a  King  in  's^oj-  F- ' 
fejfiou  of  the  Crcnn  and  Kingdom,  then. 

1.  rhofeonly  wohU  be  attainted  by  our  Kings  and?  ayliaments»  rt>ho  aUed  againftaKtng 
in  Tofcfion. 

2,  And  then  certainly  a  Khg  in  Vojfe(Jion  him'elf,  cannot  begi'Hty  ofTreafon  Jotrvhathe 
.does  vhileinVopefionaguinfl  a  King  out  ofpo^ffion      And  yrtwhen  a  King  de  jure  has 

regained  his  Throne,  the  King  £/e/*ff{/ and  kis  A^hcicnrs  have  been  attainted  bylailiamtnt 
for  Ofurping the  Throne,  and  oppcfing  the  right  ol  the  King  rfe/wre.  l*  k  * 

Inanfwerto  this,  lobferve,  i.  That  this  does  not  prove  thnt  any  one  ^^  "^^  f 
Treafon  againrta  KiBg  tie  jure,  Is  not  Trcafon  when  coR,mitted  againft  a  Kmgtfe 
JaBo',  nowihatis  enough  to  prove,  that  Allegiance  is  by  Law  due  to  2i  Kw%deJtCtOy  it 
Treafon  iv.ay  be  committed  againft  him :  for  no  Trcafon  can  be  ccmir.itttd,  where  no 
Allegiance  is  due.  . 

Thisisconfcflcdj  ihatalKuch  Afts,  as  arc  Treafan  againft  a  TiTino  de  jure,  are  Trealon 
when  committed  ;5gaiaft  a  Xing  tfe^irffo,  but  nor,  fay  they,  becaufe  Allegiance  is  ^"^J^° 
bira,  but  becaufe  they  are  againft  the  Order  of  Government,  and  therefore  arc  Trealon  b]f 
theprtfumed  confentoftheXing</ey«re,  lanfwer. 

That  fuch  Acls  arc  againft  the  Order  of  Government,  and  very  deftruftivc  to  it,  is  the  on- 
ly Rcafon  why  they  are  made  Trcafon  by  Law,  andthisisasgooda  Reafon,  why  the  Law 
(hould  make  them  Treafon  againft  a  Xing  </e/r^o,  asagainfta  King  <fe  Jwye  j  for -they  arc 
equally  againft  the  Order  of  Government,  and  dcftrultiyeto  it,  whoever  be  Xing*  a"* 
that  is  the  only  Rcafon  why  they  are  masle  Treafon  at  all 

Theprefumed  Confcnt  of  the  King  dejure  is  a  very  pretty  notion,  and  (ervcsa  great  many 
good  turns  J  it  makes  Laws,  and  it  makes  Treafon,  and  gives  Authority  to  the  inauthori- 
tativc  AdsofaXing  </e/43o;  that  is  to  fay  (or  they  fay  nothing)  that  the  prefumed 
Confent  of  a  King  (fe;«re,  invefts  the  King ^f/a^o  with  his  Authority  j  for  ithehaveno 
Authority  of  his  own,  unlefsthcprefumcd  Conftntof  the  King </ry«re  give  him  Authority, 
it  cannot  make  any  treafonable  Ad  done  againft  him  to  be  Trcafon  ,*  for  it  cannot  alter  the 
nature  of  things,  nor  make  me  guilty  of  Treafon  againft  any  Perfonj  to  whc  ml  owe  no 
no  Duty  and  Allegiance.  And  if  the  prefumed  Confent  of  the  King  </e;ttre  invcfts  the  King 
lie/u^o  with  his  Authority,  itmuft  transfer  the  Allegiance  of  Subjeds  too  5  and  then  Sub- 
jeds areas  fafe  in  Confcience,  asifthcKit^g  dejure  were  ©n  the  Throne 5  forit  feems 
there  is  his  Aurhority  and  Confent,  though  not  his  Perfon. 

;But  this  is  all  meer  trifling  ;  the  King 'rfr/4^0  has  Authority,  or  none  of  his  Afts  ofGo- 
▼crnment  can  havcany  ;  for  that  which  isdone  byaPerfon,  who  has  no  Authotitycaa 
bavenone:  Whence  then  has  hethis  Authoriry,  fincc  hehasno  legal  Right  to  the  Throne> 
Not  from  the  prefumed  Confeat  of  the  King  (f*;«rf,  which  is  great  non-tenfe  to  fuppofcl 
"but  from  the  Pofll'ftion  of  the  Throne,  to  which  the  Law  it  felf,  aswcllasthc  Principlesof 
Reafon  and  Religion,  have  annexed  the  Aufhority  of  Govcinmrnr. 

2,  As  for  the  Attainders  of  Kings  </e  >S«  and  their  Adherents  in  Parliament,  that  does 
not  prove  that  Subjcas  cannot  be  guilty  of  Treafon  againft  a  King  in  Pcflefllon.  nor  thac 
the  Statute  of  Treafon  does  not  relate  toaKing  inPoflcftion:  for  the  Statute  o^  Treafon 
does  not  relate  to  the  difpures  of  Princes,  buttothc  Order  of  Govcmircnr,-  and  therefore 
mayrclatctoaKinginpoiT^ffion^^ti^ugliJ^^g  binafclf,  if  he  be  an  Ulurpcr,  when 


n^ay  be  attainted  of  Treafon  for  his  UfLrnatfnn  ' '  '^^'  "^''^  ^  '^""^'^'^  ^^^°r^> 

And  thefethinss  areas  con  fjftenf    asfrjc!       i 
volutions  happen,  a^dycttodifcoura^a  iXlm/'^^     '^  ^^'«"  f^<^h  re- 

And  yet  th^  rruth  is,  there  is  no  Am  m  '^1  ^>}^^rpmous. 

55a  Comperitionforthc  Crown^hcreTrd'^utt  bnrri^"^^^'';  ^^^  ^^^"^^"'  ^f'^^^- 
cr^.y.re,  will  attaint  bis  Rfval  and  a    his  Ad^^^^^^^^^  ^''^^^^'"?  ^^^^^« 

snd  He^,;;).  VK  between  i^/c/,.,^ Ill,  3„'/r^^^         Thusitwas  betv^een  Edward  iV, 

this  is  no  proof,  what  the  Lav^  of  the  Land  is    h,  J I  n  "l  "^^^  "^"^  another,  and 

waysfavouredtheKinginPo/Tefllon.  '     "'  improves,  that  Pailiam  ents  have  alw 

^o'/thl^^^Ta:^^^^^  whether  de  jureor 

Cromun?arUament  39.  H.  6,  andft  las  f-XtlH     "^^^  Mi»  h^  claim  to tht 

But  1  would  fain  know  what  kind  of  Tf  and  allowed  by  them, 

none  upon  Earth,  appeals  in  fuch  Cpfcscarhrm,?''''' ^  ^^'^'''"'"''  ^^  whom,  or  to 
a  little  improvement  o(  the  Ar^umenwonuLTfo-^^^^^  ^'"'"^  ^«  ^^e  Crown? 

ciV.'e(}mm!ler.Hall  to  receivea  Comnfalt    .nH  ^       f ^  T'''^"" '  ^^^'  ^"^ «f  ^'^^  Courts 

If  hehad  n„d,  that  the  Law  had  a  &' s! '    a^  ^"^''J^f  a  Caufeag.inft  the  King. 
King  in  Po(T,lIIon,  this  had  proved  1  ^p.tfrh'.f^ '"  ^^'^V^'  '^'  ^'"^  ^'  ^'^^  ^g^^'"^^^^ 
inPofieOIon  ;  but  there  is  m>  fuch  L  vv^s   h^^^^  againllaKing 

the  King,  andrhit,  %s  my  Lord  Co  I  T.  ^e  1^^  Treafon  to  fight  againS 

ferve  forth,  defence  oL,,l^Z^^^^^^^^  without  making  arty  res 

it  feems  the  Wd'dam  of  the  Nat^Ts  „ot !  ^^^'"^'  L''''  ^^^"  ^"^  ^^  ^^^^^'^^  "  ^  Fo^ 
Wars  when  fuch  a  Rcvolurbn  "an  e  s"'^^^  L   n3^^'^'.  "^'^^  \  "^^^  ^"  ''^^'^^  ^^'^^'^ 

An  appeal  to  Parliament  is  a  nmn^r  v^  J      !    .      ^''y  '"^  ""^'^"'^  Submidlon. 
when  tilere  is  a  Compct  rbn   "bu  Thou.Vf  t'^?.  "^^  Crown  belong., 

Wars,  Ver  ihcneceflity  of  Government  ?i^  °^^^^^^^«  Civil 

fideofthcKin^inPoir.ffion    and  ^^  n  ,-1.  a  i^'  Law  fhould  a!way,be  on  the 

rc^f^ds  u:o»ldlo,'>i_t,poH  theKin^in^oir.ir,,n    ^  °',^  '.""'';  ^f^"Z  ^^  ^'Mon,   then  the  Lavj  in  other 

eurLa^  allows  them  the  name  Of  Kings \uV/™wf^^^^^     But  he  has  anfwcred  this  hinifelf,  rhst 
tbatis,  cur-Laws  do  not  allowthoferfbeTeL  .  f^f^v.  'k  ^^'"^^^-T  ^^a. 

to  be  Kin|S3se;c^rcilingtheReg..lPowe  /  lid  ;^^^^^  ™^-  but  yer  alIo.v  them 

rpe-'knopfenfe?  And  yet  heilvouldreoi^raberthat  e7  rv     ?  ha/e  more  uniefs  our  La«-sfIaouI4 
yi.  Parli.maht.sthe  ^^«->.  had  from  fXT.ihe^  ^'^^^'  ^^^«  hard  words  from  H. 

2.  Heobfcrves,  thatr//^Z,^iurfof,  ;,of/,^t„._;,    /""7^^^-  ^      ^ 

,..  ^«^;^r;,.K,  <»  valid  and  aHthorUative  in  ttZ?^"f^  ^ofetPon ,  if 

Kings;  andyethehimfelfconfefles,thtS^^^^ 

Iknownothowtheir  A£h  louldl^  .    ^dt't^^^^  V^^5'V'^"g^  ^^^^  no  Authority, 

i^entgivcsAutJioritytoruchKingstnd  he  ^Aft!;i^^^^^^^^^ 
thisandthcprelumedConrenrjisbeenSdfreTake"dv^  ^nd^that  had  bcco  Scnfej  but 

anUvertoitisvcrvLame,  that  fomeof  the^TAa.  oHr'.  f'  ^  ^^  "e  J^ood  Laws  mil;   and  h,s 

l^eafons,  th^i  the 'Jnivcrflcies  and  orher  ReliSous  FoJnrf/ri?^^^  rcrthefnne 

f  es  Reigns,  though  confirmed  by  Aft  of  P   fi  °mem  •  Ih    h^^^^^^^^  *^  ^'"  i"  ^'^  ^^^"»^  ^'i"- 

^     -  •  Xoiveis: 


fumed 


7)ue  to%overetgnTowers,  kt,  3  9 

powers:  Eiitwhensll  rublickAasmadeby  Tarlkments  called  by  Kin^s  ^.  M.  *»;' fC^J'-'d  ^nd 
ownMf,  rcood  Laws  without  cnv  new  Confiriraion,  that  is  prootenouch  that  they  tncugiu  the  Au- 
thority fufficienr,  .vherebv  they  were  made,  though  the  King   h3c  not  a  Legal  I^.'S^'^-   . 

Butvetlctmeadd,  that  had  it  teen  the  conft..nt  and  uriveiUlnaaicc  lor  the  ILix^gtdejt'.rc.  ^Lzn 
thcrretum-d  to  their  Crowns,  to  conhrm  all  the  judiciol  Atis,  Grants,  Statutes,  ir^.  ot  he  K  r.^s 
dehci.,  thishad  been  evidence  enough,  that  the  Necefimes  of  Government  ^^^1^*^^  ' /[^^^;^^^jl^. 
A£ts  of  Kings  def..^o  fiiould  be  valid  ;  for  thu  is  the  only  Reafon  why  they  are  confirmco  by  a  .egal 
Auti^criry;  becaufeitisneccfiliry  they  ftcuid  be  valid,  and  yet  convenient  l^i  the  difcouragemen 
offuchUluipat.ons,  that  they  fkoidd  not  be  thought  valid  ,,vMthout  a  Irgal  Confiimatiori,  but  what 
the  necefluyof  Government  makes  valid,  isvalidin  it  leli  wuhoutany  new  Confiimation  ;  though 
theRcafonscf^atcm-.vmakeruchaContirmationuIetul.  _  .  u-  r  »„«»,,<:  m<, 

Tlic  next  thing  he  underrakes  to  anfv^er  is  B.-ggot^s  Cafe,  conceihing  the  validity  of  hjs  Tatent  of  Na- 
turalization granted  by  H.  VL  who  wss  cnlv  King  de  facio ;  though  it  were  net  confirmed  by  the  Statute 
1  EdAV.  This  he  branches  out  into  leverp'l  Particulars,  and  fays  a  great  ded  about  it,  but  nothing; 
w:  HealwaystakesSanftuarym  his  old  Salvoes  of  the  ncccffivy  otthe  Goverriment,  andthepte- 
med  Conlcntolihe  King  ^^;«rr,  which  hive  been  fufficiently  ccnfidercd  already 
Allthatlfhall  conclude  from  this  cafe  rwhich Imuft  taUeas  he  has reprGfentedit)  isthis;  thatthc 
neccnityof  Government  (for  both  the  judges  and  Council  underftood  things  better  than  to  urge  ths 
prcftimedconftnr  of  tht  I\>r,g  dejHre.)  gives  Authority  to  all  thofe  Ads  of  a  King  deJaUc,  which  are  lot 
the  Adm.iniftration  of  Turticc,  and  belong  to  Sovereign  Towers;  and  then  by  the  fame  rcalon,  they 
muft  juftifieSnbjeasin  paying  Allesisnce  to fuch  Kings;  for  this  is  neceilary  to  Gciiernmenr.  Cur 
Author  will  dlow  this  in  2llc:,re-s  which  aic  not  agunlt  the  Intereftot  the  dilpofielled  frmce;  but 
ihisisto  allow  nothing,  forthe  verypbfieffion  ot  the  Throne,  and  every  Aft  of  Authority  rhe  King 
ae^<:?«does,  isagainltthe  Intereft  of  the  King  ^ei«>c  ••  Buthe  fcemsallaiong  tomiltakc  0//r/ »mi 
GrJinrs,  to  thsDiminu:ionot:heCro-wn  r*bich  they  '.ould  not  a'low  toftand  good  ,  when  rhc  K^ng^« 
j^r^  returned)  foiall  Adsagainfl  the PerlOHal  Right  and  Inteieft  of  theKmc;  ^f ;««  ■  But  tne  D:- 
mir.HnivQfthiQnwn,  zxidthe  T^^bt if  theltrjon^  arc  very  diSetent thaigs,  ashemlleah!y  lee,  when 
he  ccnfidersit  again.  .       .  ,    .      ^       ,     „.       .        n  rr  i 

••  As  for  the  Stature!  I  H.  7-  which  indemnifies  Subjeasm  FigQtirgfor  the  King  inpsflellion,-   he  p,  ,<y^ 
difputes  very  hrgely  about  it,  butlcanatprtfent  makeonly  lomefaort  Remarks  on  w.:i2t  hcl.ys. 

1.  Heobfetves,  thatitisonly  faid  inthePieimble,  not  cn^Med  tn  the  Lody  ofiaeSrarur,  tlmttbc 
S:d}tclsf»nUbe  olli<Lcd  t<* p. y  ^.Ugu:me  it  the  K»>.j?  for  the  t;mehttng  ;  but  whether  a  rreamble  DC  Law 
orno.  iris  an  Authoritative  Dechmion  of  the  Lav/,  and  that  isa  lufficicnt  RuhforSubjeftsj  and  u 
'2jHi-3.  concc'rnsKingsinroflcIlior,  itisenaciedthcre. 

2.  Hcv.iil  not  dlow  this  Fte.-mble  to  be  a  drefi  and  pofitive  DeclaratieK  of  the  Law;  bccaufe  the  p,  17, 
iC^n9  0C\\j  iayf,  th^ithecall:  to  remcmhance his  Subjects  duty  of  -_4l'e^i-incc,  5cc  But  ittheKmg  and 
J>ath-imcntdeclar(?,  that  they  rcn.cniber ,  this  is  the  duty  of  Al  egiance.  does  not  th-t  dechrc  their 
Opinion,  that  it  is  a  duty  s'seHectujliy  ascan  be  done  in  any  other  torni  of  words  3  nay  IbrrewJiat 
more,  forwhatthey  remember,  they  cechtewis  fabeioic,  '„nd  not  made  lonrw,  nieerljf  by  their 
Declaration;  and  whatthe  i'arliamentluppofesaud  takesforgtirtcd,  ittr.ore  efftwluilly  declares. 

Sdly.  He  fays,  -whc-.r  it  Luddovaitnthe  I>re.%mble^  is  txprify  falfe  that  it  t<  not  reafonMc^  hut  A-   p.  Zf » 

guinfl-  &il  LavJSy  K^enfon^  andgoodCnyieme,  that  ihe  Subjects  going-jjith  their  Sovtrtt^i  Lerdto  Wars^ 
^■■:y  thifig/koyJd  lofe  or  forfeit  ftr  detnviije.r  rme  Dtty  andService  of  ^iUcgiance -^  Nowif  thisbe  falfe, 
1  know  not  what  can  be  true;  is  the  contrary  to  it  true?  thatit  is  agreeable  »»/.4w  ,  7{eafon  y  a-id  good 
€onfdenct,  that  Subjefts  ftiould  lol.t  ot  forft^it  any  thing  for  Fighting  tor  their  King  ?  But  th:s  is  mefi.nt 
-0f  Fight  m:  for  a-fiVfurper  agjiinjt  their  Uvj  ft*'-  I\:ng.  And  yet  here  is  not  one  wcrd  cf  VJurper,  or/^t:.'- 
fulK^ngy  hwioai  Sovereign  Lordy  whom  the  Lnv  requires  US  to  own  for  our  i-cvereign  ;  audit  isa- 
gsinftLaw,  Reafon,  and  good  Confcience,  rha-Subje^s  Ihould  fuffctfor  Fighting  for  any  Frincc, 
.Whatever  ijisTitle  be,  wiiom  the  Law  ocvusfei  Sovereign  atihattime:  Th?r  Kings  and  Parliaments 
9S  he  urges,  have  attainted  Subjcftsupon  Inch  accounts,  does  net  prove,  thit  it  was  iiot  againft  Lavr 
and  F.cafo'n  and  good  Confcience  10  uo  lb;  aivd  it  leems  H-  71  who  had  done  this  himfelr  wasnovv 
convinced  of  it,  and  took  cate  to  provide  it-  Aipuldbe  fono  more.  lam  (i;re  my  Lord  BJconf-.ycs. 
this  Law  was  rather ;»?  r/;.rs  legal ;  and  thcretcie  owned  the  Reafon  and  good  Confcience  of  ;»,  though 
he  demurred  aboutthe  legality. 

But  our  Author  will  be  fo  liberal,  asto  grant,  that  all  this  xu^yf  r/;^  Viody  of  the  Statmre  And  a  direH  P-  2>» 
2,jxy;then!tisplain,  thit  Sub J5£ts  might  by  Law  Fight  for  rheKing  in  poficflion.  andiheir  Allegi- 
sncc  would  obligcthemtoit.    No,  hefays,  it  vjili  remain  to  l/e  itonjidertd^  vjhethcr  the  6tatvAc  t\:i}lt 
iotktd  upon  :ii -valid  and il/ligator}  ;  an  1  he  thinks  it  is  not. 

I.  Bectufe  it  vj-xs  )}jadcLj  anVfnrper,  andby  ^nlJiiitptisVixViirv.tut.  This  is  a  bold  fircketccall 
Hf"  VILanUlurper,  whohadfomany.TitJcs,  andnoTitle  fet  up  againft  him;  end  to  quef  ion  the 
AuihOiityof  alaxlumcntwllsSbythcwiiiof  aKipginpoffefuon,  an^i^  jl'-ny  the  v^lintyef  Ac'^sot 


p.  3: 


So  that  1  will  not  dJrn.,tA«t;»j,K; u.... '     ^  o^ncc 


jnirtaken  in  th.s  marrer,  bccaufe  after  .11  this  was  done    L     r^'^i"^"* ,  ^'°^^  ^  '-"^  ^pt'to  thfnk 

made  by  H..   VIII.  andlilcOathof  All,,, bt'c' .ho' In  4i  M    """?•  .  ■*'  '"'  "'^Aftsof  !uc„ 
1  m  «d  bri;","'""='  """""""-oft  JlJblVtome  Sttti'r?'"/  ^':f''  "'=''=''i''ou,re 

fc,  ves  .»d  the  World  abou,  Law,  if  nothmg  fcU  paf  forTTnnrf  °t     """■." ""^  '''=  '''^J-  '""We  th 
If  ou.  Author  cretullv  confider  wha,  I  have  afre  dv  di&^"",',  '"^'"^  ''"^ydon'tlike. 

bea  votdLswwKhrerpeatothe  Matter,  though  the  ^t^^^^^^^  J'oflbflior 

Torncnherd:velh  the  LawfHlI^ingofhuT(,JtotLcr^^^^^^^  ^"^  '"°*^'*  good.  '- 

/./:.«:  Now  a  very  feort  atife  will  ferve  f or  thi's      For         "^  '^^  '"  ''^'''  ""^ '^*"*^^^  i.K.«^.»  r 

u^uh  a  Regal  Authority;  nothe.  who  has  Sto  doit  hnri^^'^'V'*'''!^^^"^  '^'^  Govcmmi 
may r^am the  Ttae of  King,  buthehasnothtge/re      '         '  ^'^'  ^'°™^''  ^'^^'''  f^haPriD 

the  Law  may  determine  how  far  L  RixCftall^xtend  ^n/i"?  "'^  ^'8^'  ^"^  by  Law,  and  th 
fenr,  and  amhority  of  the  Eftate5  of  the  Realm  TconfideHn.  h  ''  ^^^  ^i"*'5^^  ^y  ^^e  ai.ice,  co 
Pimce  who  hjs  no  Legal  Rieh^  p«<;  Port^^^  (  coniidering  how  often  fuch  cafes  haooen  rhVi 
-ranees  occ.fion,and\p^^^^^^^^ 

Jiould  think  fit,  forthcfecuruy  oftheeomnmentVnd  ^1?!  V  ^  ■°'  '}''  *^'"8  '"  'offe^^o. 
Sub;eas  to  the  rcfi.-ffion  of  the  Throne  whfrJn?^  •  ^^  ^'<^^  '"^^'  '«  bind  the  AJleeiaDce( 
tight  be  bounded -ad  limited  by  Lr.7xwfym^^  ^"'^  ^^^'^  *hy  may  nltlTeg 

the  beftproviGon  'hey  can  to  prefer.e  the  Gove^ZTr^c    '^^'T^  Authority  of  the  Nition   mal 

the  Concienccs  of  sibjeas,iS  jr  rerolSons  a™"o  rL^^^^^^^ 

Governraen-s  Will  not  alwayes  piocttd  in  It^nUrlrr},^  can  prevent?   Sit^cehumar 

from  the  Conlhtution,  butneccfl°rymfuchfu 'du^^^^^^^  ''l^'ch  areexcepTio 

^  ThusIhavefairlyreprerentedSmy  thoighS^^^^^^^^^ 


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